A Kerry company has been told had a workplace accident been more serious, a custodial sentence would likely have been handed down.
Judge David Waters made the statement during his ruling at a recent sitting of Tralee District Court.
Clifford Brothers Ardfert Potatoes Ltd and Noel Clifford were before the court facing charges relating to an incident in July 2024 at Snipefield, Kilmoyley.
Inspector for the HSE, David Barry gave evidence in the court of a non-fatal accident which occurred on Clifford Brothers Ardfert Potatoes Ltd land.
He attended the scene following the incident on July 27th 2024 and outlined that two teens and a man in his early 20s were tasked with harvesting new potatoes.
They were working when the stalks of the potatoes became stuck in the machine and created a blockage.
Mr Barry said the tractor was turned off, PTO disengaged and the three began clearing the issue.
The court heard one of the boys was told to get back on the tractor and Mr Barry said the PTO became re-engaged.
One of the teens (aged 17) legs was caught in the machine, fracturing his left fibula and crushing nerves.
Mr Barry continued that the harvester was running at 30% capacity and the teenager was very lucky not have been more seriously injured or killed.
The 17-year-old declined to make a victim impact statement in the case.
Judge David Waters heard that none of the boys were trained in how to clear the blockage, and the company owners made full admissions to this.
Defending Solicitor Brendan Ahern told the judge that company director Noel Clifford was suffering very serious health issues at the time and was not able to attend the farm on the day.
He added Mr Clifford fully accepted it was bad practice, he was fully co-operative and he has pleaded guilty to three counts.
Mr Ahern told the court that Clifford Brothers Ardfert Potatoes Ltd is a small company, with eight full time employees, additional staff in the summer season and any fines will affect the company.
State solicitor Diane Reidy outlined Mr Clifford made a plea on failing to provide a safe work system, failing to provide training and information to employees, and failure to carry out a risk assessment.
In his ruling, Judge Waters said it was a very serious situation with workers under 18, working unsupervised and without proper instruction or training.
He reiterated evidence that if the injured boy was slightly to the left or the right it would have been a much more serious matter, and in that case it likely would have led to custodial sentences.
Judge Waters convicted and fined the company €500 on each charge and an order of costs of €1,000, leading to a total fine of €2,500.