Courts / Wexford / Report

Kilsaran may face increased fine over employee death after DPP appeal

Date
2017-03-27
Stage
Appeal
Primary locality
Piercetown
County
Wexford

Summary

Kilsaran Concrete, a manufacturer in Piercetown, Dunboyne, was fined €125,000 in February 2016 for failing to ensure employee safety after Barry Gargan, 28, was killed in September 2011 while operating a wet‑cast machine. The DPP has appealed, arguing the penalty was "unduly lenient." The appeal is pending, with the Court of Appeal reserving judgment until April 6. In the appeal, barrister Carl Hanahoe described how the company used a wet‑cast line, originally for standardised curbing stones, to produce bespoke concrete slabs for regeneration projects in Limerick and Ballymun. He alleged deliberate overriding of safety features, incremental efficiency gains that increased danger, and that employees were positioned on either side of the conveyor belt inside a safety cage. A worker had reported a "near miss" over about 12 months. Kilsaran's counsel, Hugh Hartnett SC, maintained that the system was wrong from the start and that the company had paid civil sums quickly. Kilsaran Concrete pleaded guilty.

Who, what, where, when and why

What: Report matter: Kilsaran may face increased fine over employee death after DPP appeal. Charges or matters: failing to manage and conduct work activities in such a way to ensure the safety, health and welfare at work of employees at its plant in Piercetown in September 2011. Procedural stage: appeal

When:

Case subjects

Kilsaran Concrete

Defendant

Charges: failing to manage and conduct work activities in such a way to ensure the safety, health and welfare at work of employees at its plant in Piercetown in September 2011 (Admitted)

Plea: Guilty

Outcome: Kilsaran Concrete was fined €125,000 by Judge Michael O'Shea at Trim Circuit Criminal Court on February 18, 2016.

Places mentioned

Court Venue
  • Trim
  • Trim Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal

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