Courts / Offaly / Report

Vehicle testing firm brings appeal against health & safety conviction over fatal school bus crash

Date
2017-11-03

Stage
Trial

Primary locality
Clara

County
Offaly

Summary

O'Reilly Commercials Limited, a vehicle testing firm, appealed a conviction for breaching health and safety laws after a school bus test in 2005 led to a fatal crash in 2006 that killed 15‑year‑old Michael White. The firm had pleaded not guilty to four charges under the Safety Health and Welfare at Work Act 1989. A jury found the company guilty on one count for failing to note the bus's modified rear suspension system, but acquitted it on the other three counts. The company was fined €25,000 in 2013. In the appeal, counsel Seán Gillane argued that the test actually occurred on 1 September 2005, after the Act had been repealed, and that no offence existed. The prosecution countered that the test took place on 6 August 2005, a fact the jury had considered. The court reserved judgment.