Man avoids jail over fire death

A suspended 12-month jail sentence was imposed on a man accused of failing to take all reasonable measures against the outbreak of fire after another man was fatally injured trying to escape from the third floor of a burning building.

Donal Hourihane, 65, who lives at an apartment at Seana Mhuileann, North City Link Road, Cork, appeared at Cork Circuit Criminal Court for the fire safety offence.

Sergeant Brendan Kelly said that Kevin Kiely, in his 30 and originally from Limerick, was fatally injured in the incident in North Mall, Cork, on Apr 2, 2009.

Prosecution barrister Siobhán Lankford said there were failures to maintain fire doors and the fire alarm.

Sgt Kelly said the fire alarm did not go off as one of the residents of the 12 bedsits must have turned it off the previous night.

Donal O’Sullivan, defence barrister, said the defendant serviced fire alarms and fire extinguishers for a living.

The owner of the building was not amenable to the gardaí and now lived in Georgia, Sgt Kelly said.

Hourihane had taken over the running of the building in Oct 2008 and carried out the same system of renting out bedsits as had been carried out by the owner.

Judge Seán Ó Donnabháin said: “Behind all this the owner of the property — the main man — is sunning himself in Georgia.”

He noted the defendant before the court was only in control of the building for six months before the fire.