The family of a six-year-old Cork boy who fell to his death on a building site have criticised the imposition of a €7,500 fine on the builders responsible after the company pleaded guilty to two counts of breaching the Safety, Health and Welfare Act.
Patrick Daly died from massive head injuries on May 13th, 2001, following an accident at Thomas Davis College in Mallow, Co Cork. He was climbing across a skylight at the college to another roof-top perch when the glass structure collapsed beneath him. He fell nearly 20 feet on to a concrete floor below.
Cork Circuit Criminal Court was told yesterday the child climbed on to the roof up a ladder which had been left at the site overnight. Patrick died on his sixth birthday having made his way in to the empty building site with two friends on a Saturday evening.
The Health and Safety Authority inspector, Mr Eamon O'Sullivan, told the court that a security contractor had informed the construction company, John F. Supple Ltd, that a number of children had to be chased off the site just weeks before the accident occurred.
The skylight was unprotected and unguarded, Mr O'Sullivan said. A ladder was also left in place on the weekend the child lost his life.
The company pleaded guilty to two counts of breaching health and safety laws at the Mallow site earlier this month. It admitted to failing to provide suitable guard rails and also entered a guilty plea to a charge of failing to ensure that members of the public were not exposed to risk at the site.
Mr Don McCarthy, defending, said the company deeply regretted the incident, adding that John F. Supple Ltd had pleaded guilty to the offences at the earliest opportunity. He said the company had an excellent safety record having won awards at a regional and national level in 1999.
Judge Patrick Moran said it was a tragic case which could have been prevented if the recommendations of the security contractors had been heeded by the company. He said the breach of health and safety regulations was substantial and fined the company €7,500.
Patrick's parents were in court but declined to comment on the case other than to say that they were proceeding with a High Court action against John F. Supple.
The child's grandfather, Mr Patrick Drinan, said he was "very disappointed" with the fine, particularly in light of the devastating impact the death has had on the family.