Courts / Cork / Report

Cork farmer appeals ruling allowing second prosecution over death of boy

Date
2020-07-14
Stage
Appeal
Primary locality
Killavullen
County
Cork

Summary

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.

Who, what, where, when and why

What: Report matter: Cork farmer appeals ruling allowing second prosecution over death of boy. Procedural stage: appeal. Findings: Convicted

When:

Case subjects

Unnamed 14-year-old

Convicted Person

Finding: Convicted

Outcome: Convicted; Mr Ross of Convamore, Ballyhooly, was convicted under the Road Traffic Act and fined €700 by Mallow District Court in October 2014 for allowing the tractor to be driven when it was a danger to the public.

Places mentioned

Secondary Mention
Court Venue
  • The High Court
  • Mallow
  • Mallow District Court
  • Cork
  • Cork Circuit Criminal Court
  • High Court
  • Court of Appeal
  • Cork Circuit Court
Residence

Topics

Road Traffic Stage Appeal

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