HSA criticised over delays investigating death of young man at waste recycling facility

Seán McCárthaigh

The Health and Safety Authority (HSA) has been criticised over its delay in completing an investigation into a fatal incident at a waste recycling facility in Dublin over two years ago in which a young Louth man was killed.

Lawyers for the family of Shane Bellew-Reilly have expressed concern at a sitting of Dublin District Coroner’s Court over ongoing delays in submitting a file to the Director of Public Prosecutions (DPP) to seek direction on whether there should be a criminal prosecution over his death.

Mr Bellew-Reilly (23), from Hawthorn Terrace, Moneymore, Drogheda, Co Louth, was killed as a result of injuries he sustained in an incident involving a forklift truck at the Panda waste recycling plant on Cappagh Road, Finglas on August 18th, 2021.

HSA inspector Colin Garahy told coroner Cróna Gallagher this week that a file on the case is under review and will be forwarded to the DPP “as soon as possible”.

However, counsel for Mr Bellew’s family, Pat Purcell BL, complained they had been given similar information at previous sittings of the inquest dating back to the start of 2023.

Mr Garahy told the coroner’s court in January, when he sought a six-month adjournment of the inquest, that the file was being internally reviewed by the HSA.

The HSA inspector said he also anticipated being able to tell the coroner in six months’ time that the file was with the DPP.

On that occasion, Mr Purcell said Shane’s parents – Sabrina Bellew and Ollie Reilly – had been informed by the HSA in October 2021 that it was difficult to provide a timeframe for its investigation into his death, but that it was “likely to take a number of months”.

Mr Purcell said they were subsequently informed in May 2022 that the investigation was “nearing completion”.

In August 2023, the HSA sought a further six-month adjournment of the case after Mr Garahy repeated that the investigation file was still being reviewed internally.

However, he offered no explanations for the delay when questioned at that stage.

'Complex case'

In his latest appearance before the coroner’s court following questioning by Dr Gallagher, Mr Garahy admitted it had been a “complex” case.

“It has been a thorough investigation and I hope that it will be apparent in time,” he said.

Mr Garahy added: “The file is very close to going to the DPP. My priority is to get it done.”

Under repeated questioning about delays in the case, he stated: “At this stage, there is no single cause.”

Mr Purcell said Shane’s parents just wanted closure “to the most horrific event they have ever encountered”.

The barrister said the victim’s family was not looking for details on the HSA’s investigation, but “a simple explanation” for the delay in sending the file to the DPP.

Mr Purcell said Shane’s father was “bewildered” by what was going on, as it looked like his family were facing into another year without getting any information.

Dr Gallagher said her hands were tied as she had no powers to influence how the HSA conducted its investigation. However, she asked Mr Garahy to communicate the urgency of the case to the HSA.

The coroner also adjourned the inquest for mention to a date in December.

Mr Purcell expressed hope that there would be “definite progress” on the investigation before Christmas.

“It is very unfair to have to go into the New Year wondering about it,” he added.