Court fines construction company over boy's death

The death of a six-year-old boy might not have happened if a construction company had heeded warnings from a security contractor about children getting on to the site.

John F Supple Ltd was convicted and fined €7,500 today for exposing people to risk at Davis College, Mallow, where building works were underway at the time of Patrick Daly's death on May 12 2001.

He fell through an unprotected skylight and died hours later as a result of his injuries.

Judge Patrick J Moran said, "The unfortunate thing is that a security man who worked for Z to Z Security informed the company (John F Supple Ltd) about his fears about this site on March 23.

He said in a memo to them after doing just two nights work, Saturday and Sunday: "I have had to chase children and young adults from the site.

"They are playing on scaffolding and roofs and I think it is very dangerous. And if any of them get hurt they would most likely take legal proceedings against your company."

"I do not know if that advice was heeded. If it was this might not have occurred," Judge Moran said.

The judge went on to say at Cork Circuit Criminal Court said that premises such as the construction site at Davis College last year are enticements and allurements to young children.

He convicted and fined the company €7,500 on the charge of failing to provide suitable protection to keep people off the roof and a related charge also brought under the Safety Health and Welfare Act of 1989 was taken into consideration.

The company pleaded guilty to both charges.