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Ireland Crime

Every case followed from the first report to the sentence, or to where the reporting stopped.

Case No. 20140Health and safety offences causing death · Co. Clare · 22 Jan 2021

Two men sentenced for health and safety breaches in Kilkee farm death

Damien Carmody, 36, died on 22 January 2021 when a wall collapsed on him while helping excavate a slurry tank at a farm in Doonaha, Kilkee, Clare. Farm owner John Roche, 47, of Doonaha, had engaged contractor Christopher Keane, 48, of Bella, to build the tank. Keane pleaded guilty to two health and safety breaches at Ennis Circuit Court in February 2023, and Roche pleaded guilty to a single breach in March 2023. In July 2023, Judge Francis Comerford fined Keane €30,000 and Roche €3,000.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court19 Feb
    2 reports
  5. Verdictnot reported
  6. Sentenced31 Jul
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Damien Carmody, 36, died when a pre-existing wall within an excavation collapsed on him while helping to excavate a new slatted slurry tank.
Where
The incident occurred on the farm of John Roche at Doonaha, Kilkee, Clare.
When
The fatal incident occurred on 22 January 2021 at around 12 noon, though one source gives the date as 21 January 2021.
Cause
The excavation was unsafe with no adequate measures to prevent collapse, and an expert report found the wall collapsed due to inadequate strength between the wall and its foundations.
Investigation
The Health and Safety Authority commissioned an expert report into the incident.
Charges
  • Christopher Keane, 48, of Bella, Kilkee, trading as Christopher Keane Plant-Hire, was charged with two health and safety breaches for failing to ensure individuals were not exposed to risk and for failing to ensure adequate precautions against fall or dislodgement of earth.
  • John Roche, 47, of Doonaha, Kilkee, was charged with failing to appoint a competent project design supervisor for the construction work.
In court
Keane pleaded guilty at Ennis Circuit Court on 19 February 2023 and Roche pleaded guilty on 10 March 2023, with a nolle prosequi entered on remaining counts.
Sentence
Judge Francis Comerford fined Keane €30,000 and Roche €3,000, and ordered payment of HSA expenses of €1,968 and DPP expenses of €1,500.
Other details
  • Neither defendant had previous convictions, the judge noted no aggravating factors, and said prison terms were not in question due to low culpability.
  • The planned tank was five metres wide, 44 metres long and 2.4 metres deep, and Carmody had married his wife Elaine twelve months before the incident.
43 statements extracted from the articles
  • whatThe breaches are connected to the death of Damien Carmody at Doonaha, Kilkee on 22 January 2021. (clareecho.ie)
  • whatAn excavation at the site was unsafe and no adequate measures were taken to prevent collapse of the sides. (clareecho.ie)
  • whatAs a consequence, Damien Carmody suffered fatal injuries. (clareecho.ie)
  • whatJohn Roche was the person in control of the farm and decided to construct an underground concrete slated tank for slurry storage. (clareecho.ie)
  • whatRoche engaged Christopher Keane to build the tank. (clareecho.ie)
  • whatDamien Carmody died when a pre-existing wall within the excavation collapsed on top of him. (clareecho.ie)
  • whatJohn Roche engaged contractor Christopher Keane to build the tank. (clareecho.ie)
  • 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 fatal incident occurred on 22 January 2021 at around 12 noon. (clareecho.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 excavation at the site was unsafe and no adequate measures were taken to prevent the collapse of the sides of the excavation on persons working in it. (clareecho.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 failed to ensure individuals were not exposed to risk to their safety, health and welfare at the site. (clareecho.ie)
  • chargeKeane also failed to ensure adequate precautions were taken to guard against dangers from a fall or dislodgement of earth. (clareecho.ie)
  • chargeCo-accused John Roche (47) is accused of failing to appoint a competent project supervisor for the design process. (clareecho.ie)
  • chargeJohn Roche pleaded guilty to failing to appoint a competent project design supervisor for the design process for construction work at an excavation on 22 January 2021. (clareecho.ie)
  • chargeChristopher Keane (48) of Bella, Kilkee pleaded guilty to two health and safety breaches connected to the death of Damien Carmody. (clareecho.ie)
  • chargeChristopher Keane Plant-Hire pleaded guilty to failing to ensure that individuals were not exposed to risk to their safety, health and welfare at the site. (clareecho.ie)
  • chargeChristopher Keane pleaded guilty to a separate breach for failing to ensure adequate precautions were taken to guard against dangers from a fall or dislodgement of earth. (clareecho.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)
  • courtChristopher Keane (48) of Bella, Kilkee pleaded guilty to two health and safety breaches at Ennis Circuit Court. (clareecho.ie)
  • courtThe guilty pleas were made on a full facts basis and a nolle prosequi would be entered on remaining counts. (clareecho.ie)
  • courtCounsel for the State was Lorcan Connolly BL. (clareecho.ie)
  • courtCounsel for John Roche was Patrick Whyms BL. (clareecho.ie)
  • courtState Solicitor for Clare Aisling Casey outlined the State case at the district court the previous year. (clareecho.ie)
  • courtJohn Roche (47) of Doonaha, Kilkee pleaded guilty to a single health and safety offence at Ennis Circuit Court. (clareecho.ie)
  • courtSolicitor Daragh Hassett told the court that John Roche wants to express condolences to the family of Damien Carmody. (clareecho.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)
  • otherKeane was trading as Christopher Keane Plant-Hire. (clareecho.ie)
  • otherDamien Carmody had married his wife Elaine twelve months before the fatal incident. (clareecho.ie)
  • otherDamien Carmody had married his wife Elaine 12 months before the fatal incident. (clareecho.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
  1. 31 Jul2023
    Sentencedthejournal.ie, its first report
    Two 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
  2. 10 Mar2023
    In courtclareecho.ie, follow-up
    West Clare farmer pleads guilty to health and safety breach concerning Carmody death - Clare Echo

    Reports the guilty pleas by John Roche and Christopher Keane at Ennis Circuit Court, details of the specific charges, the judge's direction for a victim impact statement, and the State's outline of the fatal incident.

    victim, Damien Carmody, male, irish (judged from name)Damien Carmodyaccused, John Roche, 47, male, named, irish (judged from name)John Rocheaccused, Christopher Keane, 48, male, named, irish (judged from name)Christopher Keane
  3. 19 Feb2023
    In courtclareecho.ie, first report
    West Clare man pleads guilty to health and safety breaches connected to Kilkee farm death - Clare Echo

    Reports Christopher Keane's guilty plea at Ennis Circuit Court on 19 February 2023, details the specific charges (unsafe excavation; failure to guard against fall or dislodgement of earth), notes a nolle prosequi on remaining counts, and that co-accused John Roche is to be arraigned on 8 March 2023 with his case to move with Keane's.

    victim, Damien Carmody, male, irish (judged from name)Damien Carmodyaccused, Christopher Keane, 48, male, named, irish (judged from name)Christopher Keaneaccused, John Roche, 47, male, named, irish (judged from name)John Roche