The Court of Appeal has quashed a €7,500 fine imposed on Telstar Investments Limited for a workplace safety breach involving asbestos and resentenced the company to pay €40,000 within four months of its judgment on 13 October 2022.
The appeal was brought by the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993, which allows a review on grounds of undue leniency. Telstar had pleaded guilty to failing to discharge its employer duties under the Safety, Health and Welfare at Work Act 2005. A separate offence of failing to conduct an asbestos risk assessment was taken into consideration at both sentencing stages.
The case arose during construction works at Findlater House, Dublin, in June 2016. After a contractor’s workers found an asbestos warning sticker and stopped work, Telstar director Mr Murray and two employees removed remaining ceiling tiles using a platform on a forklift. The Court of Appeal said Mr Murray had some appreciation that asbestos might be present and used protective clothing that was inadequate for the task. The area was not sealed and made safe until 28 June. Telstar later hired specialist contractors to clean it, at a stated cost of €38,500.
The prosecution argued that the original fine failed to reflect the health risks to employees and the public, the need for general deterrence, and the company’s decision to keep its premises operating. Telstar disputed that the work was done for commercial reasons, saying Mr Murray acted because he feared the ceiling could injure staff or customers. The appeal court found the decision was motivated in part by a desire to keep the business open, an aggravating factor, but said it did not amount to a deliberate breach to maximise profits.
The court held that the original fine did not adequately reflect the gravity of the conduct or general deterrence. It also found that the full clean-up cost should not have been deducted in mitigation. It accepted that the clean-up could count as evidence of remorse, alongside Telstar’s guilty plea, co-operation and lack of previous convictions. The court said the sentencing judge had properly considered the parties’ differing roles.
The Court of Appeal set a headline fine of €60,000, then reduced it to €40,000 to account for mitigation. It ordered payment within four months of the judgment, directed that the second count be taken into consideration, and upheld costs against Telstar. It granted liberty to apply if an issue arises concerning costs.