No Prosecution In Foreman Death Case

There will be no prosecution of the over-the-limit driver of an earth-moving machine, which caused the death of a Kerry County Council foreman, an inquest has been told.

The jury of seven returned a verdict of accidental death in accordance with medical findings of multiple injuries at the inquest in Killarney yesterday.

Timothy Morley, who was working on a road-widening project near the Moll's Gap beauty spot at the Ring of Kerry, was wearing a high-visibility jacket when he was crushed to death under the wheels of the machine.


The case was referred to the DPP who decided no prosecutions were to arise from the incident.

Garda John Cronin told the inquest that the driver of the 23-tonne machine was over the drink-drive limit. The Caterpillar digger machine was contracted by the council from Healy-Rae plant hire and driven by a Healy-Rae employee, who failed a breath alcohol test on site, as well as a urine alcohol test three hours after the accident.

Coroner Terence Casey said the driver had not been prosecuted and this was outside the remit of the inquest. He said as a coroner he was not in a position to explain the DPP decision.

Mr Casey recommended that all contractors should enforce the rule that no-one should go within twice the length of a machine without the driver's consent; and that all large earth-moving machine should be fitted with reversing cameras.

(VB/JM)