Case of boy who died in fall to be moved to a higher court

A FATHER whose six-year-old son died in a fall on a building site welcomed a District Court judge's decision to move the case to a higher court because the maximum fine he could impose on the builders was only €1,900.

Patrick Daly died on his sixth birthday after falling through a skylight at Davis College, Mallow, Co Cork, on May 12 last year. Yesterday, Patrick’s father John said: “I’m glad the case wasn’t heard in that court.

“You only get a fine of 1,900 for not having your car taxed.

“I thought it should be in the Circuit Court from the first day off.

“The District Court is only for tax and insurance,” Mr Daly said.

District Court Judge Michael Patwell made his decision after the Health and Safety Authority took the builders to court following what they alleged were two breaches of the safety acts. On hearing some of the evidence at Mallow District Court in Co Cork, Judge Patwell told John and Julie Daly he wanted the case put before the Circuit Criminal Court.

“From what has been outlined to me, I don’t believe it’s a minor matter fit for summary disposal.

“It doesn’t appear to me that a fine of 1,900 is adequate to deal with the situation,” Judge Patwell said.

Health and Safety Inspector Eamon O’Sullivan told the judge it was believed Patrick and his friends gained access to the Davis College site by jumping over a three-foot-high wall. Patrick, who lived in a nearby house, then climbed on to the school roof.

“The skylight was open when he stood on it and it pivoted 180 degrees. He fell five metres to the ground,” State Solicitor Frank Nyhan told the court.

Solicitor Diarmuid Cunningham, representing builders JF Supple and Co, said they had an exemplary safety record during their 15 years in business.

Mr Cunningham added that the company had been given a safety award in 1999 by the construction industry.

“It would appear they blinked in this case,” Judge Patwell said.

He adjourned the case to Mallow District Court on July 23 for a Book of Evidence to be served.

He added that he would then transfer it to the jurisdiction of the Circuit Criminal Court.