Wicklow County Council was today charged at Bray District Court over the deaths of two firefighters almost four years ago.
Mark O’Shaughnessy and Brian Murray were killed as they tackled a blaze at a disused warehouse on the Lower Dargle Road in Bray on September 26th 2007.
No charges have been brought against any named individual, but the council faces four counts of breaches of health and safety laws after a joint investigation by the Health and Safety Authority and gardaí.
If found guilty, as a corporate entity, Wicklow County Council faces a maximum total fine of €12 million - €3 million for each offence.
Prosecutors claim that the council put Mr O’Shaughnessy and Mr Murray at unnecessary risk, failed to provide a back-up crew quickly enough, gave inadequate training, and provided ineffective communication.
Seamus Boyle, solicitor for the Director of Public Prosecutions, told the court he was directing the matter to proceed on indictment to the Circuit Court and requested an adjournment to prepare the case.
There was no objection from Wicklow County Council, represented by barrister Martina Baxter BL.
The charge sheet states that, under the Health and Safety Act 2005, the council failed to discharge its duty to ensure the safety, health and welfare at work of its firefighter employees in Bray.
The first charge alleges that the council did not provide a system of work which laid down clear rules of engagement
for structural firefighting based on acceptability of risk and proper risk assessment.
It also states that it failed to ensure firefighters were not exposed to unnecessary risk, did not send a second tender within a reasonable period, and failed to establish, co-ordinate and maintain an effective system of central
control and communication during the blaze.
Three other charges allege Wicklow County Council did not give staff sufficient training in the use of a compressed air foam system, failed to identify the hazards or assess risks, and did not review the Wicklow County Council ancillary safety statement for Wicklow Fire Service.
The families of 26-year-old Mr O’Shaughnessy and Mr Murray (46), a father-of-15, were in Bray District Court for the short hearing. They have always maintained the men’s deaths were not the result of an accident, but a consequence of council policies.
Judge Murrough Connellan adjourned the case until October 11th when the book of evidence is expected to be served.
PA