Man fined over fatal accident on Cork farm

A Whitegate farm, used by Teagasc as a flagship property for farm safety, was the location for “a tragic accident with devastating consequences”.

73-year-old farmer Liam Day pleaded guilty to a charge in respect of a fatal health and safety incident before Cork Circuit Criminal Court following the death of Laurence Costello on the farm more than three years ago. 

Both men were working on the preparation of a trailer for re-painting when the tailgate, which was propped by timbers, fell when Mr Costello was working on it, causing immediate fatal injuries.

Judge Colin Daly imposed a fine of €3,000 on Mr Day and ordered the payment of €1,500 costs to the Health and Safety Authority. 

HSA inspector David Barry said Mr Day was fully co-operative with the investigation. Mr Day and the late Mr Costello both assessed how they would approach the sanding and painting of the trailer and how the tailgate would be supported. They had been working on the trailer for two-and-a-half days and the sanding was almost complete when Mr Costello was working on the tailgate itself.

“It appears that for whatever reason he displaced the props and the tailgate came in on top of him and caught his head. The tailgate had a weight of 250kg to 400kg,” Insp Barry said.

Commenting on the manner in which the work was undertaken, HSA inspector David Barry said: “It was decided to prop the tailgate with two timber props between the flange of the door and lugs at the rear of the door… It was inherently dangerous. Unfortunately, it is not an unusual (way to approach such work) but inherently dangerous.”

VICITIM IMPACT STATEMENT

Mary Theresa Costello said that her husband had a heart of gold and she said in her victim impact statement: “I lost my soul mate, life companion and best friend due to a tragic accident. I miss his company and I feel very lonely at times. I miss our spins we used to take and having endless conversations about everything and nothing. I am lost without him… I have great neighbours and friends who call and help me through.

“I hold no blame or resentment towards Liam (Mr Day). Unfortunately, what happened that day was a tragic accident. Liam and his family have been nothing but kind and supportive to me since it happened and were good friends of mine and Larry’s well before this accident. I take solace in the fact that Lar was killed instantly and did not suffer.”

Liam Day pleaded guilty to a charge of failing to provide a safe place of work at the farm premises at Ard na Bourkey, Whitegate, County Cork, on January 22 2020. 

The charge further stated that the defendant failed to ensure, so far as was reasonably practicable, that the place of work — specifically a Thorpe Steel grain trailer — was safe and without risk to health and in particular, access and egress to the trailer was gained through the tailgate which was propped open by wooden props that were unstable and collapsed and as a consequence Laurence Costello suffered personal injury and died.

Defence barrister Paula McCarthy described it as a tragic accident with devastating consequences and said that not alone did Mr Day have no previous convictions but that his farm had been used by Teagasc as a flagship farm in relation to campaigns for farm safety over the years.

Ms McCarthy said the Day family remained supportive of the deceased’s family. 

Judge Daly extended his sympathies to the Costello family.