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The Director of Public Prosecutions is seeking stiffer sentences against two companies who were convicted and fined after pleading guilty to criminal charges relating to the deaths of two stonemasons, their inquest heard today.
The inquest jury of three women and three men recorded a verdict of “misadventure” in the deaths of Bryan Whelan and TJ O’Herlihy.
The jury found both men died by “drowning” in the River Shannon, Limerick City, on August 29th, 2015.
Mr Whelan (29) of O’Briensbridge, Co Clare, and Mr O’Herlihy (26) of Castleisland, Co Kerry, had been standing in a steel cage hung over the side of Thomond Bridge by a wire rope attached to a lorry-mounted winch crane, when the crane’s safety mechanism that should have prevented the winch from becoming overloaded, failed.
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The inquest, held at Kilmallock courthouse, heard that the wire rope “snapped” and the cage carrying the two stonemasons plunged into the river which had been at a higher than average level for that time of year due to unseasonal weather conditions.
An “audible alarm” which should have sounded to warn the crane operator of the critical situation, also failed.
Mr Whelan and Mr O’Herlihy drowned despite the efforts of emergency first responders who rushed to the scene, including members of the voluntary Limerick Marine Search and Rescue Service (LMSRS), Limerick City and County Fire and Rescue Service, the gardaí and HSE paramedics.
Mr Whelan and Mr O’Herlihy, who were each harnessed into the cage and wearing life jackets, became “trapped” in the steel platform under the water and drowned.
Tony Cusack, a senior rescuer with LMSRS, and firefighter Ciaran Keogh, were two of the first responders on the scene.
Mr Cusack recused Paul Murphy, a third stonemason worker who had been harnessed into the cage with the other two men, but who had managed to free himself as he was being dragged by a fast water current into the wider Shannon Estuary.
Mr Keogh, who was lowered off the bridge by a rope to the cage, along with Mr Cusack, and their colleagues, tried to keep Mr Whelan and Mr O’Herlihy alive.
The voluntary rescue and fireman had to cut the two trapped men from their harnesses with their rescue knives in order to get them to shore.
There was a stop-go traffic system in place on the bridge on the day, and Mr Murphy said he and Mr Whelan and Mr O’Herlihy “were afraid we would fall out of the basket if the lorry got a tip on the bridge”.
Mr Murphy said he had never before worked out of a cage or “basket” over a bridge, and because he “couldn’t swim” he had been worried about the consequences if the cage collapsed into the river.
Recalling the moment the cage fell into the water, Mr Murphy said: “All I heard was a bang, I knew the rope was after breaking, I remember falling, like a rollercoaster, and dropping into the River Shannon.”
“I took a deep breath as I hit the water, my life jacket inflated and I swallowed a gulp of water.”
“I had been thinking about this happening all week as I couldn’t swim.”
“I remember felling my (harness) clip, I unclipped it, then I hit my head off of something, I was kicking trying to swim.”
After freeing himself from the cage to reach the surface Mr Murphy said he “spat out some water and I floated down river”.
Mr Murphy was met by Tony Cusack who pulled him aboard the LMSRS rapid response boat and they continued on towards Thomond Bridge.
There LMSRS and specially trained firefighter water rescuers continued frantic efforts to save the men who were both pronounced dead at University Hospital Limerick.
On the day, the operator of the lorry-mounted crane, Richie Hughes, who had 20 years expense in his field, agreed under cross examination by Maura McNally, SC, a barrister representing the O’Herlihy family, that, when he was questioned under caution by Dermot O’Brien, Inspector Health and Safety Authority, about how much experience he had had using the “remote control” of the crane in question, Mr Hughes replied “not much”.
The witness said he was not shown a risk assessment or safety statement in relation to the work he was to perform on the day.
Mr O’Brien said the DPP is appealing sentences imposed on Nationwide Crane Hire Ltd and Palfinger Ireland Ltd last October, claiming the sentences were “unduly lenient”.
The two companies were fined a total of €225,000 after pleading guilty to breaches of the Health and Safety at Work Act, before Limerick Circuit Criminal Court, October 7th, 2022.
Palfinger pleaded guilty to failing to take steps necessary to ensure Nationwide was provided with adequate information about the crane’s operations, in order to ensure it would safe when it was being used.
Nationwide admitted it failed as an employer to ensure that contracted workers were not exposed to risks to their safety, health and welfare.
It also admitted failing to ensure the winch crane, and in particular the overload safety system, was in a safe condition on the day.
Paul Murphy said his supervisor on the day “told us to clip on our harnesses at all times” because the workers would be “scrutinised” by the authorities.
There was no safety boat in the water while the men worked in the cage, however, unlike the wearing of harnesses, this was not a legal requirement, the inquest heard.
Mr Murphy said the cage/basket got “snagged” on the bridge a couple of times on the day and that he noticed the cage was “vibrating” more than on previous days, but he said he did not mention this to anyone.
He said he did not see anyone carry out regular daily checks on the men's life jackets or harnesses.
He said he had not seen a risk assessment on the day of the fatal incident, but he said, safety related “paperwork” had been shown to him on a previous day.
Coroner John McNamara and Inspector Geraldine Thompson, Bruff Garda station, passed on their condolences to the dead men’s families.
The coroner said that although the three stonemasons were “working on a job that carried some element of danger, one would expect safety to be of paramount (importance)”.
He added it was a miracle Mr Murphy managed to escape with his life.
Speaking afterwards Sean Fitzgerald, partner HOLMS Assist Solicitors, acting for the Whelan family and Paul Murphy, said today’s outcome was “a step towards closure”.
“They have waited almost eight years to be able to receive a death certificate for their 29-year old son Bryan.”
“We would like to thank the Coroner’s Court for its time and we welcome todays verdict of misadventure, death by drowning - but it would have been less distressing for (Bryan’s) family if they had received his death certification and autopsy report earlier.”
“The family would also like to thank the emergency services, fire department, search and rescue services, for everything they did to try to save their son’s life.”