Company fined over Donegal man’s death in Louth workplace accident

By Francis Carroll, The Drogheda Independent

Suspended sentences and fines of more than €100,000 have been imposed by the circuit court after a 43-year-old man “tragically and unnecessarily lost his life” when falling through a roof as he installed solar panels.

Liam Doherty (43), Clougherna, Ballyliffin, Co. Donegal, fell approximately six-and-half metres onto a concrete floor in an agricultural shed at Bellingham Farms, Milestown, Castlebellingham, Co. Louth, on August 14, 2023. He passed away at the scene.

He was working at the time for Brian Kelly of Solar Power Ireland BK Limited.

Mr Kelly (58), Lower Illies, Buncrana, Co. Donegal, and the company were each accused of four breaches of the Health & Safety Act. Brian Kelly is Managing Director of Solar Power Ireland BK Limited and signed pleas of guilty to the charges on his own and the company’s behalf.

Judge Dara Hayes sentenced Mr Kelly to concurrent eight-month suspended sentences on two of the charges along with fines of €5,000 each. The other two counts were taken into consideration.

The company was fined €50,000 on each of two counts, with the others taken into consideration.

The judge began by extending his condolences to Mr Doherty’s family, saying that he had tragically and unnecessarily lost his life and that he should have been with them for many decades to come.

During the original sentence hearing at Dundalk Circuit Court last June evidence was given that neither a lanyard nor harness system were in operation when Mr Doherty fell through Perspex which was acting as a skylight.

The accident occurred at 1.59pm. CCTV footage at ground level captured some part of it. No footage was played to the court.

Mr Doherty stepped onto a clear Perspex sheet and fell approximately six-and-a-half metres to a concrete floor. Brian Kelly was present with his two sons all of whom were working having been subcontracted to install solar panels. No one saw the fall.

"The work could not be carried out without risk to health,” an engineer found. Clear Perspex and corrugated sheeting was a fragile roof material.

This work, at height, involved a particular risk, the engineer’s report stated.

A post mortem report outlined that Mr Doherty died from multiple traumatic injuries from a fall from height at work.

The court heard that Brian Kelly was interviewed under caution and attended with a pre-prepared statement.

He said that he, his two sons and Liam Doherty were working. He assessed the roof. The Perspex sheets were not safe to be walked on without laths across them.

Liam was the only person standing on the roof. One of his sons was operating a lift to hoist the solar panels onto the roof.

He heard the noise of Liam falling through the skylight. They all rushed down.

Mr Kelly continued that he didn’t know why Liam “moved into an area outside the work zone”.

He said that he lost a lifelong friend. He missed him every day.

Judge Hayes noted that the incident occurred one month before Mr Doherty’s 44th birthday and said that mothers should not have to bury their sons in this way.

The family had spoken about how they would miss their “fun uncle Liam”.

He was single and as a result was in their lives more than might be usual. He had been a significant support to their disabled brother.

The judge continued that the family had expressed a hope there would be no more deaths like this.

He said that pleas of guilty had been signed in the district court to four counts against each defendant – two were for breaches of the legislation simpliciter and two for breaches of the legislation having caused the death of Liam Doherty.

Brian Kelly and one of his sons had been on the apex of the roof. The other son was operating a lift to hoist the panels and Mr Doherty was coordinating where the panels were to be left down.

There were no acceptable safety measures. The roof couldn’t bear his weight. The root cause was no safe system of work in place. Had there been an appropriate system the death could have been avoided, Judge Hayes said.

Mr Doherty was an experienced worker. The legislation serves to protect every worker, inexperienced and experienced alike.

Had there been a harness and netting he would still be with his family.

The planning of work and safety measures were “patently inadequate”.

There were no previous convictions against the defendants. Neither was there a suggestion of a previous near accident nor other warnings ignored. There was no suggestion this was wilful as opposed to negligent.

It was accepted that there was clear remorse. The defendants co-operated with the investigation.

Judge Hayes remarked that anything the court could do would never put right this tragic loss.

It was for the court to do the best it could for justice. It didn’t seek to ascribe a value to the loss of Mr Doherty’s life.

Penalties must be sufficiently large to have a meaningful impact without putting the viability of the company in jeopardy and to act as a deterrent to the defendants and other employers in a similar situation.

The court had seen the company’s financial statements which showed a profit in 2021, ‘22 and ‘23 of €43,100, €20,800 and €20,100 respectively. A profit of €103,736 was carried over.

Judge Hayes said it was Brian Kelly’s responsibility to ensure safety measures were in place.

This was not a case where there was no heed in safety, but the measures were inadequate.

Three months were allowed to pay the fines outlined.

Judge Hayes again expressed his sympathy to Mr Doherty’s family.

“I am very sorry you are here in these circumstances.”