Courts / Cork / Report
Farmer will not face second prosecution over tractor death of boy (14)
Summary
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.
Who, what, where, when and why
What: Report matter: Farmer will not face second prosecution over tractor death of boy (14). Procedural stage: appeal. Findings: Convicted
When:
- August 23, 2013 Incident
- October 2014 Incident
- 2020-09-30 Publication
Why: In her judgement, Ms Justice Donnelly said that a legal issue arose because of the commencement of the HSA prosecution, despite the fact that Mr Ross had been convicted for a Road Traffic Act offence three years earlier in 2014, relating to the same fatal incident. Prosecution account reported by CNI
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; Mr Ross, of Convamore, Ballyhooly, Co Cork, 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
Topics
Related court reports
- 17 years for man who controlled 'all facets' of partner's life during regime of rape and assault
- Cork farmer appeals ruling allowing second prosecution over death of boy
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request