Fines totalling €45,000 have been imposed on a diving company and one of its directors arising out of an accident in which a diver lost his life two years ago.
Judge Bryan McMahon at Dublin Circuit Criminal Court imposed the fines after hearing how Mr Damien Byrne died during a salvage drive in Dublin Bay.
North East Diving Services Ltd, of Fadebrook House, Fade Street, Dublin 2 pleaded guilty - through secretary of the company David Chapman - to failing to ensure that persons outside their employment were not exposed to danger when it conducted a commercial dive without the necessary safety systems on July 3rd, 2004 in Dublin Bay.
Mr Nigel Hoblyn, aged 42, who is resident in the United Kingdom, pleaded guilty to similar charges which were attributed to neglect on his part when he was director of the company.
Mr Byrne, aged 24, died on July 3rd after he became entangled in lines during a salvage operation on a yacht, The Animal, which had been in a collision with another vessel in the Bay.
Inspector Thomas Doyle of the Health and Safety Authority told Mr Patrick McGrath BL, prosecuting, that the crew was made up of Mr Byrne, Mr Hoblyn and another diver, Mr Steven Porter. While Mr Hoblyn was experienced in salvage operations, Mr Byrne and Mr Porter had limited experience.
They set out from Coal Harbour, Dun Laoghaire, in the afternoon in a vessel, The Jean Marie, along with two rigid inflatable boats.
Insp Doyle said that after arriving at the dive site they did not set down anchor over the yacht as the owners were afraid that it could be damaged as a result. This meant the dive boat was not firmly anchored and drifted some distance from the dive site.
An initial dive was made to survey damage to the yacht and in subsequent dives attached straps and lifting bags to the yacht in preparation for raising it. One of the lifting bags was leaking so Mr Porter dived to replace it. On resurfacing, he ingested some sea water and became unwell so Mr Byrne took over and found that one of the lifting bags would not inflate.
Insp Doyle agreed with Mr Remy Farrell BL, defending North East Diving Ltd and Mr Hoblyn, that at this stage Mr Hoblyn decided to abandon the operation for the night. However, after consultation with the owners it was decided to deflate the bags in case the yacht would drift and damage its hull.
Mr Byrne dived again at 8.05pm and sometime later it was noticed that no bubbles from his air tank were visible on the surface.
Mr Porter, the standby diver, dived at 8.15 pm. He was low on air so he had to come up before freeing Mr Byrne from the lines. He also had to borrow a knife with which he cut Mr Byrne free.
First aid was administered to Mr Byrne on the dive boat before he was transferred to hospital where he died later that day.
Mr Farrell said his clients had co-operated fully with the gardaí and Mr Hoblyn had travelled from the UK several times to help with the investigation.
Judge McMahon said that although risks occur in the work place external pressure "must be resisted if it meant putting the safety of employees at risk" and that we "can not put property before life itself".
He imposed a fine of €25,000 against North East Diving Ltd and a fine of €20,000 against Mr Nigel Hoblyn.