Roadworks company fined €1.2 million after Inishowen family tragedy

A roadworks company was fined €1.2 million at Letterkenny Circuit Court after pleading guilty to two counts, following the deaths of a father and two children in a tragic road incident in Inishowen six years ago.

Representatives of Whitemountain Quarries, a company with an address in Newtownabbey, near Belfast, including Mr Declan Carr, CEO of Breedon Ireland, were present to hear the judgement of Judge Roderick Maguire at Letterkenny Courthouse.

John Mullan, 49 and his children, Tomás, 14, and Amelia, 6, died after their car left the road, slid down an embankment at Quigley's Point and entered Lough Foyle on August 20, 2020.

Moville’s Geraldine Mullan managed to survive the accident and provided the court with a deep and emotional victim impact statement at a previous sitting.

Mrs Mullan, who was 45 at the time of the tragedy, was a front-seat passenger in the car being driven by her husband, John. She managed to survive after she had gotten out of the vehicle and stood on top of the car.

Judge Maguire compared the guilty pleas as something “similar to a criminal being caught red-handed.”

The court had previously heard guilty pleas by the defendant to charges that on or about August 20, 2020, at the R238, Greenbank Project, Three Trees, Quigley’s Point, there was a failing to discharge a duty as an employee to persons other than employees by failing to ensure, as far as reasonably practicable, that in the course of the works being carried out, individuals at the place of work were not exposed to a risk to their safety, health or welfare as provided, in Section 12 of the Safety, Health and Welfare at Work Act 2005, contrary to Section 77(9)(a) of the Safety, Health and Welfare at Work Act 2005.

That they failed to manage and conduct the guiding of public traffic through the said roadworks, thus being in breach of Section 12 of the Safety, Health and Welfare at Work Act 2005, and as a consequence, John, Tomás and Amelia Mullan died, and Geraldine Mullan suffered personal injuries.

Judge Maguire initially announced a headline fine of €1.45 million to Whitemountain Quarries in the finalisation of the case, before reducing it to €1.2 million after mitigation was taken into account.

He said this was “a most tragic case” and “a case of a family of four wonderful people.”

Mrs Mullan, said Judge Maguire, “spoke to the court with great strength and dignity,” and referenced qualities of the victims, describing John as her “rock,” Tomás as “perfect,” and Amelia as “a ray of sunshine.”

Judge Maguire said Mrs Mullan had outlined the impact on herself, including PTSD, trauma, and grief, that she suffers nightmares and flashbacks, and still gets treatment for the pain that impacts her.

He said: “The court can only say that having heard about these extraordinary people, it understands a small part of the loss of those who knew and loved the three, and of those who had yet to know and love.”

Regarding the incident in question, Judge Maguire said: “In this case, I must consider the matter of the crime, and then the circumstances of the offender. Here, the failure was to manage the roadworks to non-employees.

“It appears that the traffic management plan was inadequate, as were the documents submitted to the court.

“There was no check on the new scheme.

“In particular, the court notes that the having permitted the traffic management was adverse weather, but the company did not have the wherewithal to protect users.

“No signs, no process for a qualified person to inspect the new traffic system, if it can be called that.

“This was not a crime motivated by greed and badness.”

“That they have never had any issues has to be weighed on the mitigation.”

Judge Maguire said he had to consider the “devastation caused by the two crimes,” and “the deaths of three beloved family members, and the psychological impact on another, who has had to suffer enduring pain.”

He announced a headline fine of €1.2 million for the first count regarding the deaths of John, Tomás, and Amelia Mullan, and a fine of €250,000 for the second count, regarding the injuries suffered by Mrs Mullan.

Judge Maguire noted that the guilty plea was “not particularly early” and that “there was dash-cam footage at the time of the evidence and injuries.”

He said: “It has to be considered similar to a criminal being caught red-handed, and also, a guilty plea is not as valuable as it might be.”

It was stated that the guilty plea saved the “traumas of an injured party giving evidence.”

Judge Maguire commented: “The court does not doubt that the personnel involved with the roadworks at the time must also suffer.

“The court has been informed that there have been no fatalities with the company. They showed the court the many safety certificates. The court has been provided with much documentation by the company.”

Noted at court was that “enhanced communication with subcontractors has been implemented,” that “the company only employs traffic management contractors who are competent and regulated by the company,” and “ongoing inspections are documented comprehensively.”

Judge Maguire considered that the evidence of improvement “does show a level of consideration of a variety of matters, including traffic management, that seem to have considerably improved since 2020.”

However, he contended: “The focus is on workplace accidents and colleagues' wellbeing, but doesn’t appear to have a focus on the safety of the public.”

Judge Maguire then reduced the headline fines after mitigation, to €1 million for the first guilty offence, and €200,000 for the second guilty offence, and mandated Whitemountain Quarries a deadline of November 1, 2026, for the fines to be paid/

The court extended its sympathy to Mrs Mullan, and Defence Barrister, Ronan Kennedy SC, again, offered his condolences.