Castlebar Courthouse

Stone crusher death in Mayo could have been avoided, judge says

A JUDGE said today that the death of a young man who fell into a stone crusher at Aghamore, Ballyhaunis, more than three years ago could easily have been avoided.

Judge Rory MacCabe made his comments at a sentencing hearing at the Circuit Criminal Court in Castlebar, in the case of Mayo-based firm Harrington Concrete and Quarries.

The company, which has a staff of 190, pleaded guilty at an earlier hearing to breaches of health and safety arising from the death of one of their employees, Joseph Harrington (27).

Mr. Harrington, no relation of his employer, was killed instantly when he fell an estimated 5 metres (17) foot into a stone crusher on June 11, 2015.

Padraig McMahon, an Inspector with the Health and Safety Authority (HAS), told Patrick Reynolds, counsel for the State, that there were no witnesses to the accident but it was suspected Mr. Harrington fell into the crusher while trying to release a blockage.

In addition to a lack of physical barriers to prevent someone falling into the crusher the company should also have procedures in place to deal with blockages, Mr. McMahon stated.

Judge MacCabe said he found it “really disturbing” that the accident “could so easily have been avoided.”

Simple, inexpensive, steps which would have been prevented such an accident had been outlined by the HSA Inspector, the judge stated.

Hazel McCann, girlfriend of the deceased, said her life had been ruined by Joe’s death. In a victim impact statement read to today’s hearing, she said no answers had been forthcoming from the company as to what happened.

In a further victim impact statement Helena Harrington, a sister of the deceased, said the hole her brother’s death had left in the life of her family was irreparable.

Ms. Harrington was also critical of social media for carrying details of what happened on the day the tragedy occurred before the family had been informed of their loss.

Michael O’Connor, counsel for Harrington Concrete, said the company apologised to the family of the deceased and wanted them to know that lessons have been learned.

He said that since the tragedy the company had invested in the region of €500,000 in remedial works to ensure that tragedies like this are never repeated.

Putting back sentencing to January 30 next, Judge MacCabe said he wanted to study considerable information, including details about the finances of the company, which had been handed in to the court.

He said he also needs to consider mitigating factors in the case and study how other courts have dealt with similar previous cases.