Waterways Ireland to face trial after homeless man paralysed by digger clearing tents

Elias Adane came to Ireland as an unaccompanied minor and has experienced lengthy periods of homelessness

Workers remove items from the scene in January 2020 where Elias Adane was paralysed after his tent on the banks of the Grand Canal in Dublin was removed by a digger. File photo: Sam Boal/RollingNews.ie

Waterways Ireland has been sent forward for trial after a homeless Eritrean man was paralysed when a mechanical digger cleared his tent from the banks of the Grand Canal in Dublin.

Elias Adane, who is in his 30s, suffered life-changing injuries on January 14, 2020, along a portion of the canal where other homeless people had pitched tents and had been served with eviction notices.

Mr Adane, who came to Ireland as an unaccompanied minor and has experienced lengthy periods of homelessness, had been sleeping in a tent at Wilton Terrace near Leeson Street Bridge for months.

After being injured, he spent weeks in St Vincent's Hospital before moving to the National Rehabilitation Hospital until new accommodation was arranged.

Following a Health and Safety Authority investigation, a file was submitted to the Director of Public Prosecution (DPP), who authorised charges against Waterways Ireland and an employee, Jennifer Blackford, of Oldcourt Lawn, Firhouse, Dublin 24.

The offences are under the Safety, Health and Welfare at Work Act 2005 and include allegations of failures to check if Mr Adane's tent was occupied when it was removed "by means of a mechanical grab".

The prosecution had its first listing before Judge Anthony Halpin at Dublin District Court on Monday, but the trial venue was not outlined at that stage. It resumed on Tuesday when a State solicitor said the DPP consented to the defendants being sent forward for trial on indictment.

Solicitor Michael Staines for Waterways Ireland said the body had sent a representative to court. The prosecution then served books of evidence on the representative and Ms Blackford.

Judge Halpin ordered the DPP to provide copies of interview videos to the defence after Ms Blackford's solicitor, Niamh Kelly, said her client had been interviewed in a parallel Garda investigation.

The judge told Ms Blackford she must notify the prosecution within 14 days if she intended to rely on an alibi in her defence.

He then granted a return-for-trial order, sending Waterways Ireland and Ms Blackford, who is on bail, to the Dublin Circuit Criminal Court. The case will be listed for mention on October 11.

The charges involve alleged offences on January 14 at the canal bank at Leeson Street Bridge, Dublin 2.

Waterways Ireland is based at Sligo Road, Enniskillen, Co Fermanagh. The all-Ireland body is responsible for managing, maintaining, developing, and restoring inland navigable waterways primarily for recreational purposes.

Charges

It has two charges in this prosecution.

The first claims it failed to ensure that "people were not exposed to risks to their safety, health or welfare" or that "there was an adequate system of work in place in respect of lifting a tent by means of a mechanical grab which included ensuring that the tent was unoccupied prior to removal."

The second charge claims Elias Adane suffered personal injury due to those failures.

Staff member Ms Blackford faces a single allegation of failing to discharge a duty under the health and safety laws. The charge alleges she did not "take reasonable care to protect the safety, health and welfare of persons who may be affected by your acts or omissions at work, in particular by giving instructions for the lifting of a tent by means of a mechanical grab without ensuring that the tent was unoccupied."

There has yet to be an indication of how they intend to plead.