Court archive

Court reports mentioning Ballyhooly, Cork

2020-09-30 · Cork

Farmer will not face second prosecution over tractor death of boy (14)

In a 2020 Court of Appeal decision, a Cork farmer, Mr George Ross, was cleared from a second prosecution over the death of 14‑year‑old Micheál Murphy, who fell from a tractor in 2013. The appeal overturned a prior ruling that the Health and Safety Authority (HSA) could pursue a new charge under the Safety, Health and Welfare at Work Act. Mr Ross had already been convicted in 2014 for a Road Traffic Act offence related to the same incident and fined €700. The judge, Ms Justice Aileen Donnelly, criticised the seven‑year delay between the death and the appeal, noting it reflected poorly on the State. She found no special circumstances to justify sequential prosecutions and rejected the HSA's claim that additional evidence had only emerged after the tractor was seized. Consequently, Mr Ross will not face the HSA charge, which carries a maximum fine of €3 million and a two‑year prison term.

2020-07-14 · Cork

Cork farmer appeals ruling allowing second prosecution over death of boy

A Cork farmer, George Ross, has appealed a High Court ruling that allowed a second prosecution for the death of a 14‑year‑old boy, Micheál 'Haulie' Murphy, who fell from Ross's defective tractor on 23 August 2013. The High Court had previously ruled that the Health and Safety Authority could pursue a prosecution under the Safety, Health and Welfare at Work Act. Ross, 68, had already been convicted under the Road Traffic Act and fined €700 in 2014 for allowing the tractor to be driven when it posed a danger to the public. Ross argues that the second prosecution is essentially the same offence and seeks a prohibition order to prevent it. The Court of Appeal, with Justices John Edwards, Patrick McCarthy and Aileen Donnelly, has reserved judgment on the appeal. The Director of Public Prosecutions, represented by Gráinne O'Neill BL, maintains that the two charges are distinct in law and fact. The case remains pending.