A judge has described the circumstances in which a west Clare farmer lost his life in a farm accident as “horrific”.
Judge Mary Larkin made her comment at Kilrush District Court after hearing an outline of the State case concerning Damien Carmody’s death at Doonaha, Kilkee, on January 22, 2021.
Mr. Carmody had been married just 12 months, to his wife Elaine, prior to the fatal accident.
One of the two men being prosecuted concerning alleged health-and-safety breaches arising from the farm accident is farmer, John Roche, of Doonaha, Kilkee.
Circuit Court
In court on Tuesday, State solicitor for Clare, Aisling Casey, said that the case against Mr. Roche’s co-accused, Christopher Keane of Bella, Kilkee is to be heard in the circuit court, and a book of evidence is to be prepared for service in June.
Ms. Casey stated that the DPP had recommended that prosecution against John Roche could be heard in the district court. But, having heard the details, Judge Larkin ruled to transfer Mr. Roche’s case to the circuit court, stating that she took the view that, given the consequences, all matters should proceed in the same court.
Ms Casey said that the prosecutions in the case are being taken by the Health and Safety Authority (HSA). It involves a fatal incident, which related to an excavation being dug at a farm premises at Doonaha, Kilkee.
Ms. Casey stated that it will be alleged that Mr. Roche was the person in control of the farm, and he decided to construct an underground concrete slatted tank at the farm premises for the purpose of slurry storage.
Ms. Casey stated that this slurry storage was to be constructed at the location of an existing slurry storage tank that had been constructed 30 years ago.
She stated that Mr. Roche engaged the services of a contractor to build the tank – Christopher Keane – who had experience in this type of construction work.
Ms. Casey stated that the excavation to accommodate the tank was carried out a few days prior to the incident by workers employed by Mr. Keane.
She further alleged that on January 22, 2021 at around 12pm, farmer, neighbour, and good friend of Mr. Roche, Damien Carmody “died as a result of injuries sustained when a pre-existing wall within the excavation, which had been dug to accommodate the slurry tank, collapsed on top of him”.
Ms. Casey stated that “at the time of the incident, Mr. Carmody was assisting Mr. Keane’s employees who were engaged in pouring concrete within the excavation, which was intended to form the floor of the tank”.
In the case, Mr. Roche is facing a summons of failing to appoint a competent project supervisor for the design process for the construction work carried out at the excavation, as required by the Health and Safety Act.
Solicitor for Mr. Roche, Daragh Hassett, told the court that his client wanted to put on the record that he expressed his condolences to the family of Damien Carmody.
Mr. Keane is facing four separate summonses under the Health and Safety Act arising from the collapse of the sides of the excavation that allegedly resulted in Mr. Carmody’s fatality.
Mr. Keane is accused of failing to take measures to ensure workers were not exposed to risks to their safety, in that the excavation at Doonaha was unsafe; and that no adequate measures were taken to prevent the collapse of the sides of the excavation on persons working within the excavation; and, as a consequence, Damien Carmody suffered fatal injuries.
Judge Larkin adjourned the two cases to June 14 to Kilrush District Court.