Courts / Clare / Report
€25k fine over drowning of stonemasons too low, State argues
Summary
In 2022, Palfinger Ireland Ltd was fined €25,000 for health and safety breaches after a crane supplied by the company was used in an incident that caused the drowning of two stonemasons, Bryan Whelan (29) and TJ O'Herlihy (36), on the River Shannon in 2015. The incident involved a steel cage that fell into the water, and a safety mechanism on the crane failed. The fine was imposed by Limerick Circuit Court, which had unlimited fine jurisdiction. Nationwide Crane Hire Ltd, the operator of the crane, was fined €200,000 for similar breaches. The Court of Appeal heard arguments that the fine for Palfinger was too low, with the Director of Public Prosecutions claiming the sentencing judge erred in not setting a higher headline fine and in treating the missing manual chapter as a mitigating factor. The appeal was reserved for a later decision.
Who, what, where, when and why
What: Report matter: €25k fine over drowning of stonemasons too low, State argues. Procedural stage: appeal
When:
- August 29, 2015 Incident
- October 7, 2022 Incident
- August 29 Hearing Or Sentence
- August 2015 Incident
- 2023-07-10 Publication
Why: At the Court of Appeal today Shane Costelloe SC, for the Director of Public Prosecutions, argued that the sentencing judge erred in determining that Palfinger's degree of culpability should be reduced because the nature of the offence was only discovered after the incident giving rise to the fatal injuries and that this in some way amounted to a mitigating factor. Prosecution account reported by CNI
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