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A 33-year-old Coachford man died just over three years ago when a trench he was working in collapsed on top of him and today two men pleaded guilty to health and safety violations and were fined.
Health and Safety Inspector Frances Murphy testified today in Cork Circuit Criminal Court that on September 28, 2017, the farmer, Pat Kelleher, the excavator driver, John O’Mahony, and the deceased, Denis Cullinane, were carrying out drainage works.
“They were digging a trench and laying drainage pipes while the land flooded. They were digging 4.6 meters deep, one meter wide using the bulldozer. Then they went to the trench to lay the pipes for the trench.
“While laying the pipes, Denis Cullinane was closer to the excavator when the trench collapsed and engulfed Mr. Cullinane.
“There were no support systems (for the trench), no security provisions,” Ms Murphy said.
Siobhán Lankford’s lead defense attorney said John O’Mahony was 75 then and 78 now and has not worked since. He owned the excavator.
Defense attorney Donal O’Sullivan said on behalf of 50-year-old Pat Kelleher: “I was very surprised by this. I understand you were traumatized. It wasn’t about sending someone to do something he wouldn’t do himself. He was also in the trench. ”
Both defendants again expressed their deep regret and apologies to the Cullinane family.
The judge referred to the victim’s impact statement by the Cullinane family as short but shocking: “We, as a family, understand that it was an accident, but if another family can be saved from the trauma and be injured by this accident, We think at least someone else’s family might not have to go through this again. ”
Judge Ó Donnabháin said: “It is appalling that two experienced men, one a Hi-Mac driver and the other an experienced farmer, dig a trench in loose ground without digging the trench. There is nothing new in this. There is nothing that requires a lot of experience. A few wooden boards (leaning) in the hole would have kept it open.
“It doesn’t take much to understand that – four and a half meters deep of loose soil. Inevitably it was going to collapse.
“Your remorse is genuine. All three men were from the same local community. They knew each other.
“I suppose Mr. Kelleher was practical and did not give it to anyone else to do, but it is a very fundamental infraction on his part that caused a man to lose his life. It could have been easily anticipated and avoided. ”
The judge imposed a fine of 10,000 euros on Pat Kelleher and a fine of 1,000 euros on John O’Mahony.
Pat Kelleher of Roovesmore, Coachford, pleaded guilty to a charge that on September 28, 2017, at Rooves More, Coachford, failed to provide a working system during drainage works, including laying pipes in an excavation, and it did not prevent the collapse of the sides of the excavation at Denis Cullinane by striking or staggering the sides or the installation of an earth-moving support system.
John O’Mahony of 1 O’Mahony Place, Clondrohid, Macroom, pleaded guilty to a similar charge that, as a self-employed contractor, he failed to ensure that people were not exposed to risks to their safety, health and well-being.
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