In only the second case of its kind in Northern Ireland, a Co Down firm yesterday pleaded guilty to the corporate manslaughter of an employee.
The company, J Murray & Sons, of Burn Road, Ballygowan, faces sentence on Friday.
However, a similar charge against company director James Daniel Murray of the unlawful killing of the victim, Norman Porter, on February 28th, 2012, did not proceed.
Ciaran Murphy, prosecuting, told Belfast Crown Court that 69-year-old Murray’s guilty plea was acceptable as the company admitted its failure to manage its activities caused the death of Mr Porter and amounted to a gross breach of a relevant duty of care owed to him.
Mr Murphy also revealed that Mr Porter, who apparently had either fallen, or was dragged, having caught his clothing, into an animal feed mixing machine, was found “entangled” within its blades, and that he had suffered “a horrific death”.
He said the safety guards at the top of the machine had been removed and according to an investigation by the Health and Safety Executive there was nothing to prevent this accident occurring. There were also other health and safety breaches and any employee could have ended up entangled in the machine.
'Extreme remorse'
Liam McCollum, defending, said Mr Murray wished to extend his personal feelings of extreme remorse and to express his sincere apologies and condolences to Mr Porter’s family. Mr Porter, he said, had been a life-long friend of Mr Murray.
Mr McCollum said it was accepted that the company faced a substantial penalty, but said the firm was not in a healthy position and that jobs could be lost. He questioned if anything would be achieved by putting a company out of business.