Courts / Louth / Report
Construction firm successfully objects to review of sentence after incident where pensioner died
Summary
In 2016, Gibson Brothers (Ireland) Limited, a construction firm, was fined €30,000 for health and safety breaches after a 73‑year‑old man, Michael Reynolds, fell over a kerb at a Dundalk footpath in 2007, fractured his neck and later died. The company had pleaded guilty to failing to protect non‑employees from risk and to not including specific safety measures for work involving particular risks. Judge Michael O'Shea imposed the fine on 19 October 2011. The Director of Public Prosecutions sought a review of the sentence, claiming it was "unduly lenient". Gibson Brothers' lawyers objected, arguing the DPP's application was not served correctly. Judge John Edwards upheld the objection, noting that service to a corporate defendant must be through a solicitor, not a legal secretary, and ruled that the review could not proceed. The court declined to order costs, stating the penalties were not "far from an indication" of undue leniency.
Who, what, where, when and why
What: Report matter: Construction firm successfully objects to review of sentence after incident where pensioner died. Charges or matters: two sample counts of health and safety breaches following an incident at works on a footpath in Dundalk in October 2007; failing to ensure that persons other than employees were not exposed to risk of their safety and welfare; failing to include in the construction place specific measures concerning work which involves a particular risk. Procedural stage: sentence
When:
- October 2007 Incident
- October 19, 2011 Hearing Or Sentence
- 2016-02-15 Publication
Case subjects
Defendant
Charges: two sample counts of health and safety breaches following an incident at works on a footpath in Dundalk in October 2007; failing to ensure that persons other than employees were not exposed to risk of their safety and welfare; failing to include in the construction place specific measures concerning work which involves a particular risk (Admitted)
Plea: Guilty
Outcome: A construction company fined €30,000 for health and safety breaches, following an incident in which a 73-year-old man tripped on a kerb and fractured his neck, has successfully objected to a review of its sentence on grounds that it was "unduly lenient".
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