Two farmers fined over health and safety breaches that led to death of Damien Carmody on Clare farm
On 21 January 2021, Damien Carmody (36) died at Doonaha, Kilkee, Clare, when a wall collapsed on him while he helped excavate a new slatted slurry tank on the farm of John Roche. The charge wording and the article's victim impact statement give 22 January 2021 as the date. Christopher Keane pleaded guilty to two charges and John Roche to one, both earlier in 2023. On 31 July 2023 at Ennis Circuit Court, Judge Francis Comerford fined Keane €30,000 and Roche €3,000 and ordered payment of the expenses of the Health and Safety Authority and the DPP. No prison terms were imposed.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In courtnot reported
- Verdictnot reported
- Sentenced31 Jul
Key facts
consolidated from all reports- What happened
- Damien Carmody (36) died when a wall collapsed on him while he was helping excavate a new slatted slurry tank.
- Where
- The incident happened on John Roche's farm at Doonaha, Kilkee, County Clare.
- When
- One part of the article gives the death as 21 January 2021, while the charge wording and victim impact statement give 22 January 2021.
- Cause
- An expert report found the wall collapsed because it lacked adequate strength between the wall and its foundations.
- The inspector said the tank was too big for the space available and the timing was bad.
- Investigation
- The Health and Safety Authority commissioned an expert report into what went wrong.
- Charges
- Christopher Keane pleaded guilty to two charges of failing to ensure that individuals were not exposed to risk to their safety, health and welfare.
- John Roche pleaded guilty to failing to appoint a competent project design supervisor.
- In court
- The court heard that neither defendant has previous convictions.
- The inspector said there were no aggravating factors, and the judge said prison terms were not in question because culpability was low.
- Sentence
- Judge Francis Comerford fined Christopher Keane €30,000.
- Judge Comerford fined John Roche €3,000 for a single health and safety offence and ordered payment of €1,968 in Health and Safety Authority expenses and €1,500 in DPP expenses.
- Other details
- The planned tank was five metres wide, 44 metres long and 2.4 metres deep, and the victim's wife said the couple had been married for one year.
17 statements extracted from the articles
- whatDamien Carmody died when a wall collapsed on him while helping excavate a new slatted slurry tank. (thejournal.ie)
- whereThe incident happened on the farm of John Roche at Doonaha, Kilkee. (thejournal.ie)
- whenThe death occurred on 21 January 2021 according to one part of the article. (thejournal.ie)
- whenThe health and safety charges refer to events at Doonaha, Kilkee on 22 January 2021. (thejournal.ie)
- causeThe expert report found the wall collapsed due to inadequate strength between the wall and its foundations. (thejournal.ie)
- causeThe inspector said the tank was too big for the space available and the timing was bad. (thejournal.ie)
- investigationThe Health and Safety Authority commissioned an expert report into what went wrong. (thejournal.ie)
- chargeKeane pleaded guilty to two charges of failing to ensure that individuals were not exposed to risk to their safety, health and welfare. (thejournal.ie)
- chargeRoche pleaded guilty to failing to appoint a competent project design supervisor. (thejournal.ie)
- courtHiggins said neither defendant has previous convictions. (thejournal.ie)
- courtThe inspector said there were no aggravating factors in the case. (thejournal.ie)
- courtThe judge said prison terms were not in question because the culpability was low. (thejournal.ie)
- sentenceJudge Francis Comerford fined Christopher Keane €30,000. (thejournal.ie)
- sentenceJudge Comerford fined John Roche €3,000 for a single health and safety offence. (thejournal.ie)
- sentenceJudge Comerford ordered payment of the Health and Safety Authority's expenses of €1,968 and DPP expenses of €1,500. (thejournal.ie)
- otherThe planned tank was five metres wide, 44 metres long and 2.4 metres deep. (thejournal.ie)
- otherThe victim's wife said the couple had been married for one year. (thejournal.ie)
The reporting
newest first- 31 Jul2023Two farmers fined for health and safety breaches that led to death of a man on farm
Sentencing report at Ennis Circuit Court. The article gives the date of death as 21 January 2021 in one place and 22 January 2021 in the charge wording and victim impact statement; incident_date uses 22 January 2021.
victim, Damien Carmody, 36, male, irish (judged from name)Damien Carmodyconvicted, Christopher Keane, 48, male, named, irish (judged from name)Christopher Keaneconvicted, John Roche, 47, named, irish (judged from name)John Roche