AER LINGUS IS facing trial on health and safety charges in connection with the death of a driver at Dublin Airport.
John Murray from Skerries, Co Dublin, fell from a loading bay in November 2014. The married father-of-two, who worked for transport and logistics firm DB Shenker Ireland, suffered fatal head injuries and died.
Following an investigation by the Health and Safety Authority (HSA), Aer Lingus is now facing trial in connection with Murray’s death.
The airline is charged with failing to ensure so far as reasonably practicable that individuals who were not employees were not exposed to risks to their safety, health or welfare at a cargo warehouse at Dublin Airport on 5 November 2014.
The charge goes on to state that it is alleged Aer Lingus did not have appropriate measures put in place to protect persons from the risk of a fall from a height, specifically the written procedure dealing with driver access to loading bays and warehouses.
It is alleged that the company “regularly permitted or required drivers to access and egress the building via the loading bay itself”.
The charge states that this was in breach of Section 12 of the Safety, Health and Welfare at Work Act 2005, and “as a consequence John Murray suffered personal injury and died”.
The airline was summonsed to appear before Judge John O’Neill at Dublin District Court today.
He was told the DPP has directed that the firm was to face trial on indictment and in court a book of evidence was served by HSA inspector Martin Convey on an Aer Lingus representative.
Judge O’Neill granted the DPP’s application for the airline to be returned for trial to the Dublin Circuit Criminal Court where it will face it’s next hearing on 2 December.
Aer Lingus has not yet indicated how it will plead to the charge.
Defence counsel Shane Murphy SC told Judge O’Neill that during an inquest the coroner’s court was told that there would be no prosecution and Aer Lingus was reserving its position in relation to whether it will seek a judicial review of the case.
Judge O’Neill told the company’s representative that the State must be informed if Aer Lingus intends to use an alibi as part of its defence.
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