Donegal man died at work after falling through roof of agricultural shed
Liam Doherty (43), Clougherna, Ballyliffin, Co. Donegal, passed away at the scene on August 14, 2023. He fell approximately six-and-half metres onto a concrete floor in an agricultural shed at Bellingham Farms, Milestown, Castlebellingham, Co. Louth.
Mr Kelly (58), Lower Illies, Buncrana, Co. Donegal, and the company were each accused of four breaches of the Health & Safety Act. He is Managing Director of Solar Power Ireland BK Limited and signed pleas of guilty to the charges on his own and the company's behalf.
During a sentence hearing at Dundalk Circuit Court evidence was given that neither a lanyard nor harness system were in operation when Mr Doherty fell through Perspex which was acting as a skylight.
In a Victim Impact Statement written on behalf of the family by his sister Róisín, she said that not enough attention was paid to safety in this line of work.
'Workers' lives matter. We hope there are no more deaths like this.'
Inspector Eddie Wall, Health & Safety Authority, said that the accident occurred at 1.59pm. CCTV footage at ground level captured some part of it. No footage was played in court. Photographs of the area were handed up.
Mr Doherty stepped onto a clear Perspex sheet and fell approximately six-and-a-half metres to a concrete floor.
Brian Kelly was present with his two sons all of whom were working having been subcontracted to install solar panels.
No safety harness was used, Mr Wall continued. A prohibition notice was served.
The scene was examined by an engineer on August 28. The roof was of corrugated fibre cement roof sheeting with Perspex at intervals as skylights.
Neither a lanyard nor harness system was being used. There was no project supervisor nor safe system of work plans. It was not identified that Perspex should be treated as a hazard.
The root cause of the accident was not having in place the appropriate safe systems of work.
"The work could not be carried out without risk to health,' the engineer found. Clear Perspex and corrugated sheeting was a fragile roof material.
This work, at height, involved a particular risk, the engineer's report stated.
A post mortem report outlined that Mr Doherty died from multiple traumatic injuries from a fall from height at work.
The court heard that Brian Kelly was interviewed under caution and attended with a pre-prepared statement.
He said that he, his two sons and Liam Doherty were working. He assessed the roof. The Perspex sheets were not safe to be walked on without laths across them.
Liam was the only person standing on the roof. One of his sons was operating a lift to hoist the solar panels onto the roof.
He heard the noise of Liam falling through the skylight. They all rushed down.
Mr Kelly continued that he didn't know why Liam 'moved into an area outside the work zone'.
He said that he lost a lifelong friend. He missed him every day. He was utterly devastated and heartbroken and found it difficult to talk about.
Cross-examined by counsel, Inspector Wall said that Mr Doherty was directing where the solar panels were to be left down.
It was possible he backed on to one of the Perspex sheets. Nobody saw the incident.
There were no previous convictions against either Brian Kelly nor the company.
The family's Victim Impact Statement said that the loss of a son, brother and uncle had caused so much pain and suffering.
Liam, who was single, called to the home house every day that he wasn't away. He supported his mother and his disabled brother. Life had become infinitely harder for their mother.
Defence senior counsel Garnet Orange said that this was a desperately sad situation. The Doherty family suffered a terrible loss.
This incident happened 'in the blink of an eye'. It was not negligence or recklessness at the highest level but closer to a tragic accident. Complacency had developed into work practices.
Handed into court were documents showing the financial picture of a company described by Mr Orange as a profitable business but not hugely profitable. Insurance was not an issue of concern.
The company was no longer trading at the same level.
Judge Dara Hayes expressed his deepest sympathy to the Doherty family, some of whom were present for the hearing having travelled from Inishowen.
"Your brother should still be with us and should not have died.'
The judge continued there were clearly serious offences, breaches of the Health & Safety Act which is there to guard against complacency.
He said he wanted to take time to consider how to deal with the case and adjourned sentencing to July 8.
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