A roadworks company that pleaded guilty to health and safety breaches has been fined €1.2 million at Letterkenny Circuit Criminal Court in Ireland following the deaths of a man and two children. Judge Roderick Maguire said the three victims had died due to the failures of Whitemountain Quarries Limited, reports the BBC.
John Mullan, 49, his six-year-old daughter Amelia and his 14-year-old stepson Tomás – died after their car went off the road at Quigley’s Point in County Donegal and plunged into Lough Foyle in August 2020.
John’s wife, Geraldine Mullan, who survived the tragedy, said it was impossible to describe her pain and depth of loss in what was “a preventable road traffic accident”.
The judge said the company had failed to manage roadworks which led to the deaths and they didn’t protect the public.
He added that this was a tragic case involving a family of four wonderful people and that he must consider the devastation of those deaths on Geraldine Mullan, who had given her evidence to the court with “great dignity” after she suffered “unbridled grief and loss”.
Whitemountain Quarries Limited, which has since become part of the Breedon Group, had pleaded guilty to breaches of the Safety, Health and Welfare at Work Act 2005 at the R238 Greenbank Project, Three Trees, Quigley’s Point.
The CEO of Breedon Ireland, Declan Carr, said he wished to offer a clear and unequivocal apology.
“I know nothing I say can change your loss… we will carry the responsibility for it. I am truly, truly sorry.”
Whitemountain Quarries had been carrying out resurfacing works on a 1.3km stretch of roadway for Donegal County Council. With adverse weather forecast and the work ahead of schedule, plans to resurface the hard shoulders were scheduled for the following week.
The company acknowledged in court that it failed to manage and conduct the guiding of public traffic through roadworks, and, as a consequence the three family members had died, and Ms Mullan suffered serious injuries including multiple fractures.
A Whitemountain Quarries engineer asked a subcontracted company, appointed to develop and implement a traffic management plan, to remove signage on the day of the incident.
Whitemountain Quarries indicated that they would put up their own cones and signs.
The court heard that a stop-go system in place was lifted. Periodic spot checks were planned over the weekend. The court heard this did not happen on that night.
The court heard that the new road surface was at least 5cm higher than the hard shoulder, that there were no central markings or visible cones on a section of the north bound carriageway and that the road had a very poor level of friction.
The court was told Whitemountain Quarries Ltd cooperated fully with the subsequent Health and Safety Authority investigation, had no previous convictions, and had not come to adverse attention since the incident.
The company intensified its focus on health and safety following the tragedy.
(Picture: Mapillary)
