THE FAMILY of a man killed when a digger bucket fell on him after a safety pin had not been fitted asked a judge not to send the driver to prison.
Francis Callaghan died after the incident at Forfar, Milford, Co Donegal, building site on January 8th, 2007. He had been helping to lift manhole covers when the bucket of the digger fell on him.
His co-worker and friend Dermot Boyce (47) from Knockbrack, Kerrykeel, appeared at Letterkenny Circuit Court charged with a breach of the Health, Safety and Welfare at Work Act. He pleaded guilty to failing to attach a safety pin to the digger minutes before the incident.
The court was told Boyce had only minutes earlier wished Mr Callaghan a happy new year and chatted for a while.
He had planned to fill his machine with diesel at another part of the site but was called away to lift manhole covers. All the manhole covers but one were lifted using an improvised lifting chain. Seconds later the bucket of the digger came loose and fell on Mr Callaghan from Shanagh, Fanad.
Damien Crawford, defending, said Boyce was a very good worker who had all the relevant documentation including a SafePass and a work ticket. He had been driving a digger for 16 years.
He also revealed how Boyce had asked his employers to provide him with a safety pin for months as one had not been fitted. Boyce only received the 12in pin a week or two before the incident.
Mr Crawford said his client was racked with guilt, was depressed and was now suffering panic attacks and flashbacks.
He said he had spoken to the Callaghan family and they said they did not want to see Boyce go to jail as his admission had helped them to cope with their loss.
Judge John O’Hagan said he did not propose to send Boyce to jail or to fine him the maximum of €3 million for the offence. “His life is in tatters. He has been punished very severely for what has happened.”
He sentenced Boyce to three months in prison but substituted it with 150 hours of community service. “When it’s finished that’s it. Go and enjoy those wonderful grandchildren of yours,” added Judge O’Hagan.