A west Clare man has pleaded guilty to two health and safety breaches concerning a fatal farm accident which claimed the life of a farmer two years ago.
At Ennis Circuit Court, Christopher Keane (48) of Bella, Kilkee pleaded guilty to the two breaches connected to the death of Damien Carmody at Doonaha, Kilkee on January 22, 2021.
Damien Carmody had only got married to wife, Elaine 12 months prior to the fatal incident.
Guilty plea
In the case, Keane, trading as Christopher Keane Plant-Hire, pleaded guilty to failing to ensure that in the course of work, individuals were not exposed to risk to their safety, health and welfare at Doonaha, Kilkee on January 22, 2021.
He pleaded guilty to that in particular, an excavation at the site was unsafe and that no adequate measures were taken by him to prevent the collapse of the sides of the excavation on persons working in the excavation and as a consequence, Damien Carmody suffered fatal injuries.
Keane pleaded guilty to a separate health and safety breach where he failed to ensure that adequate precautions were taken at the excavation site to guard against dangers to persons at work, from a fall or a dislodgement of earth, and as a consequence, Damien Carmody suffered fatal injuries.
Counsel for the state, barrister Lorcan Connolly said that the guilty pleas were being made on a full facts basis and a ‘nolle prosequi‘ would be entered in relation to the remaining counts.
A co-accused in the case, John Roche (47) of Doonaha, Kilkee is accused 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.
Counsel for Roche, barrister Patrick Whyms said that his client could be arraigned in court on March 8 and his case could then move with Christopher Keane’s case.
Court
Judge Francis Comerford has directed victim impact statement evidence and adjourned Keane’s case to March 16 to fix a date for sentence.
Outlining the state case at the district court last year, state solicitor for Clare, Aisling Casey said the case involves a fatal incident which related to an excavation being dug at a farm premises at Doonaha, Kilkee.
The solicitor stated that it will be alleged that John Roche was the person in control of the farm and he decided to construct an underground concrete slated tank at the farm premises for the purpose of slurry storage.
She stated that Roche engaged the services of a contractor, Christopher Keane to build the tank.
Aisling Casey further alleged that on January 22, 2021 at around 12:00 noon, farmer and neighbour, 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”.
The solicitor 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”.