Courts / Limerick / Report
€25k fine over incident where stonemasons drowned is upheld
Summary
In a Court of Appeal decision on 28 July 2023, the €25,000 fine imposed on Palfinger Ireland Ltd for health and safety breaches related to a crane incident that caused the drowning of two stonemasons was upheld as not unduly lenient. The incident, which occurred on 29 August 2015 on the Thomond Bridge, involved a steel cage that fell into the River Shannon, killing Bryan Whelan (29) and TJ O'Herlihy (36). A third worker, Paul Murphy, survived. Palfinger supplied the crane to Nationwide Crane Hire, which was fined €200,000 for similar breaches. The Court of Appeal rejected the State's argument that the fine was too low, noting that the sentencing judge had considered aggravating factors and the long period of safe operation of the crane. The appeal was dismissed, confirming the fine as appropriate under the 1993 Act.
Who, what, where, when and why
What: Report matter: €25k fine over incident where stonemasons drowned is upheld. Procedural stage: appeal
When:
- August 29, 2015 Hearing Or Sentence
- October 7, 2022 Hearing Or Sentence
- 2023-07-28 Publication
Why: The prosecution of Palfinger arose because a manual they supplied with the crane in 2003 had a "missing chapter". Prosecution account reported by CNI
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