AN INQUEST has heard that no prosecution is to be taken against the driver of an earth-moving machine, even though he failed a drink-driving test.
A foreman with Kerry County Council on a road-widening project near the Moll's Gap beauty spot on the Ring of Kerry was crushed to death under the tracks of the earth-moving machine, the inquest heard yesterday in Killarney.
The jury of seven men returned a verdict of accident in accordance with the medical findings of multiple injuries.
The inquest heard from Garda John Cronin that the driver of the 23-tonne machine, an employee of the Healy-Rae plant hire company, contractors to the council, and owned by Danny Healy-Rae, a councillor, was over the drink-driving limit.
A file was referred to the DPP who had decided no prosecutions were to be brought arising out of the accident.
Timothy Morley (50), Blackwater, Killarney, was dressed in high-visibility clothing behind the Caterpillar digger machine, and may have been retrieving a safety cone on the bitingly cold morning when the accident occurred.
The driver did not make a deposition, was now in Australia and was unlikely to return. He failed a breath alcohol test on the site, as well as a urine alcohol test three hours after the accident, the inquest was told.
Jane Hyland, barrister for the Morley family, said Mr Morley's widow was concerned that the person driving was over the limit. Coroner Terence Casey said the driver had not been prosecuted and this was outside the remit of the inquest. The DPP had made that decision and only he could answer that. He as coroner was not in a position to explain the DPP decision to the family.
Mr Casey said nobody had given evidence as to why Mr Morley went to retrieve a cone worth a few euros, putting his safety at risk. It was not clear if he was knocked by the machine or if he got caught in the tracks of the excavator.
Mr Casey recommended that all big earth-moving machines, including old machines, be fitted "immediately" with reversing cameras, which the inquest heard are installed in new models and automatically switch on to give a view of blind spots when these giant machines are not going forwards.
The coroner also recommended that all contractors should enforce the rule that no one should go within twice the length of a machine without the driver's consent.
Alan Costelloe, inspector with the Health and Safety Authority, said Mr Morley was an experienced foreman in charge of the roadworks. The driver was also experienced and the excavator was in good condition and certified as a loader.
Mr Morley walked up behind the excavator to retrieve a safety cone. The machine was in use at the time and may have tracked back and Mr Morley may have slipped, the inspector said. The HSA had prepared a file for the DPP, who had directed no prosecution be taken in relation to the incident, Mr Costello said.
Garda public service vehicle inspector Jim O'Brien said the Caterpillar machine was in a public place. He had formed the opinion Mr Morley either stumbled or fell or unadvisedly entered the area to the rear of the machine, where the driver's view was very restricted.