HSA file closed as DPP rules out prosecution over death of Kildare man at Wicklow workplace

By Darragh McCann, The Wicklow People

There will be no prosecution arising from the Health and Safety Authority’s investigation into the death of Kildare father John Maher.

The Health and Safety Authority has confirmed that it has completed its investigation into the fatal workplace accident, with its file submitted to the Director of Public Prosecutions, who has directed that no further prosecution be brought related to the incident.

The development comes after Georgian national Tarieli Schatz (38), formerly of the Grand Hotel, Abbey Street, Wicklow town, and now with an address at Willow Drive, Clondalkin, Dublin 22, was sentenced at Wicklow Circuit Criminal Court after pleading guilty to careless driving causing the death of Mr Maher.

Mr Maher died after being struck by a nine-tonne front dumper on a building site on Greenane Road, Rathdrum, on July 2, 2025.

During the sentencing hearing, the court heard witness statements from multiple workers who had raised concerns about the dumper’s brakes prior to the collision.

Tarieli Schatz (38). © Darragh McCann

Counsel for the prosecution, James Kelly, told the court the brakes had been described as “spongy”, with management contacting the hire company to remove the vehicle before it was ultimately stood down.

Mr Kelly also told the court that one witness recalled speaking to Mr Maher over breakfast about the condition of the dumper before later seeing Mr Schatz driving it.

The witness stated that Mr Schatz was told to “park it up”, with the accused indicating that he understood.

Mr Kelly read a witness statement describing the accused appearing “out of it” and “travelling too fast” before the fatal collision.

A specialist garda examination later found the handbrake efficiency was below the expected standard, while the clutch pedal showed signs of neglect and poor maintenance.

During the sentencing hearing, senior counsel for the defence, Paul O’Carroll, argued that there was no indication from the behaviour of the other workers that the dumper was not to be used, despite management being aware of concerns about the vehicle.

The court was told that two other workers had operated the dumper up until around 2pm on the day of the fatal collision and that it had been left running throughout the day without keys.

Mr O’Carroll submitted that the dumper continued to be used on site despite the reported concerns and that Mr Schatz was not on his first trip of the day when the collision occurred.

Mr Schatz was sentenced to 13 months imprisonment in June. The final one month and one day of his sentence was suspended on condition that he leave the State and not return to Ireland for 10 years.

He remains in custody pending his deportation under an existing deportation order.

In sentencing, Judge Sinéad Ní Chúlacháin found there had been issues with the dumper’s brakes, but ruled that Mr Schatz had nonetheless driven the vehicle when he was tired or, at the very least, should not have been driving it.

In a statement, the HSA confirmed its investigation has now concluded following the DPP’s decision.