Fatal Fall Firm 'Had Statutory Documents'

The tragic death of a Monaghan woman who fell into an unprotected light well was recalled last week in court.

The construction company involved was fined €10,000 for a breach of legislation after the elderly woman died when she fell off an un-protected wall at Gallagher's Hotel, Letterkenny.

Hughie McGee, the Managing Director of Dunree Construction, pleaded guilty to failing to take appropriate precautions to ensure that Mona Duffy was safe from risk at the construction site of Gallagher's Hotel.

An officer with the Health and Safety Authority who inspected the site three days after the incident said that, on July 3, 2006 Mona Duffy, originally from Letterkenny but living in Monaghan, had been having lunch in Gallagher's Hotel with her husband.

When they had finished they walked up to fetch their car which was in the hotel car park and stopped to take a rest. The couple sat on a wall at the side of the hotel, however, Mrs Duffy fell backwards into an eight foot deep light-well, sustaining fatal head injuries.

Mr McHugh said there was no railing around the wall at the time of the incident, but Judge O'Hagan was told by defence counsel, Mr Peter Nolan (BL) that the railings had been ordered the previous March.

The HSA officer told the court that the hotel's Assistant Manager had notified the HSA immediately after the accident and stated that everything else in relation to safety on the site was in order.

In June, 2006, hoarding which had been in place was removed, however, the delivery of the handrail which had been ordered in March was delayed.

The court heard from Thomas McLaughlin who designed the hotel and was the project's consultant structural engineer who confirmed that he had identified the need for a handrail in February 2006 and said the railing was ordered shortly afterwards.

He added the company had all statutory documents in place and all employees were trained in the safety aspects of the site.

Addressing the court, the firm's boss, Hughie McGee confirmed that all matters in relation to claims and insurance have been dealt with. He also offered a sincere apology to the Duffy family on behalf of himself and the company.

"I am very badly broken about this myself. It was a terrible tragedy and I would like to extend my sincerest sympathy to her family. Nothing I can say can bring Mrs Duffy back; I apologise and I am very sorry," said Mr McGee.

In mitigation he outlined that this was not a blatant continuing breach of legislation, nor had the developer been attempting to 'cut corners'.

He added the company did everything they could to assist with the investigation.

State Prosecutor, Ms Patricia McLaughlin (BL) told the court the maximum fine under the Safety, Health and Welfare Act and Work Act 2005 was a maximum fine of €3 million and up to two years in prison.

Having heard the evidence, Judge O'Hagan noted that this was a 'dreadfully tragic accident' and said he had no doubt there was a breach of regulation.

He added, however, that a plea had been issued saving what would have been a 'long, arduous, complex and expensive trial'.

He proceeded to fine Dunree Construction €10,000 and awarded costs to the HSA to be paid by the company also.

(BMcC/GK)