Judge refuses jurisdiction in health and safety case

CONTRACTOR ACCUSED OF FAILING TO SECURE TRENCH WHERE MAN DIED

JUDGE David Kennedy refused jurisdiction at Arklow District Court over a case brought against a Tinahely man for allegedly failing to take the necessary steps over the safety of deceased farmer Mick Lambert.

Sixty-seven-year-old Mick Lambert of Hacketstown, Co Carlow, died last year at a farm he owned in Ardnaboy, near Knockananna, after becoming trapped under material which collapsed on him as he searched for a pipe.

Prosecuting solicitor, Rory Benville, gave an outline of the case during court proceedings on Wednesday.

In 2015 Mr Lambert asked Eric Dunne, Muskeagh, Tinahely to carry out some drainage contractor work on his farm in Knockananna.

The works began in 2016 and involved some excavation.

On November 19, 2016, Mr Lambert asked Mr Dunne to clear some muck from the yard and remove some trees. He also requested some further excavation works so he could connect a gully to a pipe for drainage.

After Mr Dunne dug to as depth of 1.2 metres, Mr Lambert got into the trench to search for the pipe but couldn’t find it.

Mr Dunne continued digging to 2.4 metres in search of the pipe. Mr Lambert again got into the excavation but the sides collapsed on top of him and he died.

‘ The allegation is that Mr Dunne should have taken steps to secure the excavation,’ said Mr Benville.

Judge David Kennedy stated he would be refusing jurisdiction and put the matter back to November 15.