Boiler conversion left it spew lethal gas, court told

A plumber incorrectly converted a gas boiler leaving it spewing out lethal quantities of carbon monoxide causing the death of a woman staying at the Trident hotel in Kinsale in January 2011, it was claimed by the prosecution at the opening of a trial yesterday.

Richard Davis, aged 44, from Serenity, Killanully, Ballygarvan, Co Cork, pleaded not guilty to manslaughter of Miriam Reidy and two breaches of the Safety, Health and Welfare at Work Act 2005.

Davis’s company, Davis Heating and Plumbing Contractors, of Marina Commercial Park in Cork, is charged with two similar breaches of the safety act relating to the conversion of a gas boiler at the Trident on January 4, 2011, to which not guilty pleas were also entered at Cork Circuit Criminal Court.

Prosecution senior counsel Brendan Grehan outlined to the nine men and three women of the jury what the prosecution anticipated the evidence would be given in the two to three weeks of the trial.

Miriam Reidy, aged 35, was found dead in a bedroom at the Trident Hotel at 2pm on January 9, 2011, and cause of death was established as acute carbon monoxide poisoning. She had been attending a hen party in the area.

When emergency services arrived it was apparent that as well as the fatality a number of people were ill and the hotel was evacuated of staff and visitors.

One expert who carried out analysis was Richard Siddons, who used a device capable of measuring the presence of carbon monoxide up to the maximum of 9,999 units. When this device was used on a particular gas boiler in the hotel it immediately went to the limit of 9,999 and the boiler had to be shut down.

Mr Grehan SC said the evidence of Mr Siddons would be crucial to the prosecution. The lawyer said that days earlier, on January 4, 2011, a new boiler was put into use and that it had to be converted to allow for use with liquid petroleum gas rather than natural gas by the insertion of a chip.

Mr Grehan said the defendant spent 20 minutes at the boiler on that date.

“He did insert a chip but it would appear he never read the guidelines that came with the chip in a plastic cover. It would appear he was not otherwise aware that you must do more. Two particular parts of the boiler had to be readjusted. He did not carry out any adjustment whatsoever to the boiler. It would have reduced carbon monoxide output to nil or to a level where it was not harmful,” said Mr Grehan.

“Because he did not do so it was the source of carbon monoxide that led to Ms Reidy’s death. The prosecution says he ought to have tested it with one of these analysers, that is just a thing you do and he did not do that either.

“On this particular occasion he was guilty of gross negligence.”

He explained at the outset that the manslaughter charges in this case arose out of allegations of criminal negligence and not out of any intention to cause injury or anything of that nature.

The trial before Judge Seán Ó Donnabháin and the jury continues today Cork Circuit Criminal Court.