Courts / Offaly / Report
Vehicle testing firm has conviction over fatal school bus crash upheld
Summary
In 2018 the Court of Appeal upheld the conviction of O'Reilly Commercials Limited for breaching health and safety laws during a test of a school bus that later crashed in 2006, killing 15‑year‑old Michael White. The bus, a Mercedes originally registered in the UK, had a rear suspension that had been modified in 1991 and was not properly noted during the 2005 test. The company pleaded not guilty to four charges under the Safety Health and Welfare at Work Act 1989, but a jury found it guilty of failing to identify the modified suspension. The firm was fined €25,000 and the appeal was dismissed by a three‑judge panel, confirming the original verdict as safe and satisfactory. The case highlighted the importance of accurate testing records for vehicle safety.
Who, what, where, when and why
What: Report matter: Vehicle testing firm has conviction over fatal school bus crash upheld. Charges or matters: four charges of breaching health and safety laws when carrying out an official test on the bus between August 5 and 6, 2005. Procedural stage: appeal
When:
- April 4, 2006 Incident
- August 5 Hearing Or Sentence
- July 29, 2013 Hearing Or Sentence
- August 6, 2005 Hearing Or Sentence
- September 1 Incident
- October 2008 Incident
- August 2005 Incident
- August 6 Other
- 2018-10-03 Publication
Why: Central to the defence's case was that the test was carried out on September 1, not in August, and as a consequence, the 1989 Act did not apply because by the time the test had been carried out, as contended by the defence, that Act had been repealed. Defence account reported by CNI
Case subjects
Applicant
Charges: four charges of breaching health and safety laws when carrying out an official test on the bus between August 5 and 6, 2005 (Alleged Or Contested)
Plea: Not guilty
Outcome: Verdicts of not guilty were returned on the remaining three counts and the company was fined €25,000 by Ms Justice Margaret Heneghan on July 29, 2013.
Places mentioned
Topics
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