A TRUCK dealership has lost its High Court bid to halt its prosecution under health and safety laws over its sale of a crane which had been involved in a fatal accident before the company acquired it.
J Harris Assemblers, owned by multimillionaire businessman Pino Harris, had sought an order preventing its prosecution under the Safety, Health and Welfare Act 1989 following its sale on September 3rd, 2003, of a lorry crane unit.
The crane was involved in an accident in November 2002 in which a man died. The Harris company, which has been involved in the sale and distribution of Hino trucks since the 1960s, acquired the unit some time after the accident occurred and said it was unaware of its involvement in an accident until after the sale.
In 2007, the firm was charged with a number of breaches of the Safety, Health, and Welfare Act 1989. It was alleged the crane was not tested so as to ensure it would be a safe place in which to work.
The court heard Michael Murphy died in Blanchardstown on November 23rd, 2002, after the grab bucket of the crane swung around and crushed his head.
In his reserved judgment refusing to halt the prosecution, Mr Justice John Hedigan rejected arguments that delays in the prosecution were such as to warrant an order prohibiting the trial.