A JUDGE has told Omagh Crown Court that no monetary penalty will ever compensate the family of the young Lisnaskea man who died as a result of a tragic work accident three years ago.
Quinn Building Products Ltd were fined £100,000 in addition to almost £8000 costs after previously pleading guilty to two health and safety breaches that resulted in the death of Fermanagh footballer Brian Og Maguire on September 13 2012.
Sentencing the firm during the hearing on Thursday, Judge Paul Ramsey, described the death as ‘tragic and untimely,’ adding that the circumstances of the case were heartbreaking.
He referred to a number of victim impact statements which had been prepared for the court, including ones from Mr Maguire’s mother, his girlfriend and several of his friends.
“We cannot put a price on the loss of a loved one. Brian Og’s life was priceless,” Judge Ramsey said.
“The victim impact statements articulate so eloquently and movingly what Brian Og meant to his family and friends and are testimony to the life of this young man.
“The ongoing pain and devastating impact of his death is clearly evident. His mother speaks of how they are living a nightmare from which there is no escape.
“She tells of how she attempts to keep her spirits up, but that they are consumed by grief on a daily basis.”
Judge Ramsey went on to describe how other victim impact statements had highlighted the importance of the GAA in Mr Maguire’s life, and how in his short life he had played for his club, Lisnaskea Emmetts, his county and province and for Ireland at U-17 level.
Mr Maguire was tensioning a steel rope measuring approximately 125 metres in preparation for the manufacture of precast cement slabs.
Judge Ramsey said the accident was ‘dreadfully freak’ and that the circumstances which led to it were unique and unparalleled.
However, he added that there had been previous accidents where steel cables had become loose, and that these had led to what he described as a ‘culture of acceptance’ that this was an occupational hazard.
“Because of this there was no desire to address it (the problem),” the Judge continued.
He went on to say that there were a number of aggravating factors in the case, including the failure to heed warnings or advice as a result of the near misses in the past.
However, he also said that the company had been prompt in its acceptance of responsibility for what had happened, that they had expressed remorse immediately and had co-operated as fully as possible with the investigation by the Health and Safety Executive.
Following today’s sentencing Quinn Building Products Ltd released a statement in which they expressed sympathy to the Maguire family.
“Quinn Building Products Limited has previously accepted the charges relating to the tragic death of Brian Óg Maguire in September 2012, and accepts the fine imposed by the Court today.
Although not involved in the business at the time of accident, the company’s Directors accept the shortcomings that existed at that time.
Brian’s death remains a tragic loss to his family, his community and his work-colleagues, and he is sadly missed by all his friends throughout the business.
Since taking control of the business, Quinn Building Products Limited has worked closely with the Health & Safety Executive and implemented significant changes to work practices, and continues to make every possible effort to ensure that no such incident occurs again.
Finally, we wish to place on record our deepest sympathy to the family and friends of Brian Óg Maguire. “
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Posted: 4:15 pm October 22, 2015
