A roadworks company has been fined €1.2m over health and safety breaches linked to a crash in Co Donegal in which a father and two children died six years ago.
Whitemountain Quarries Ltd pleaded guilty to failing to manage and conduct public traffic safely through roadworks at Three Trees, Quigley’s Point on 20 August 2020.
Geraldine Mullan, who lost her husband John, 49, and her two children Tomás, 14, and Amelia, six, in the crash, said today was a significant day in a journey that began almost six years.
On the day of the crash, her family had enjoyed a day out in Derry, having gone to the cinema, bowling and for a meal before the start of the new school year.
On their journey home to Moville that night, the front passenger wheel of the family car slipped onto the unfinished hard shoulder that was five to six centimetres below the newly surfaced road at Three Trees, Quigley’s Point.
As Mr Mullan tried to regain control, the car skidded across road, over an embankment into Lough Foyle about 10.20pm. A storm warning was in force at the time.
The court heard speed was not a factor and that the car was roadworthy. There was poor grip, no central markings and no cones visible on part of the northbound carriageway.
The Mullan family had enjoyed a day out in Derry before the start of the new school year
Earlier that day, a company that had been subcontracted to develop and implement a traffic plan, that included traffic management for out-of-hours traffic, was stood down.
The contractor put up its own cones and signage.
John, Tomás and Amelia’s bodies were recovered from Lough Foyle after they died by drowning.
Ms Mullan, the only survivor of the crash, told Letterkenny Circuit Criminal Court that it was impossible to describe the depth of her pain and loss.
Breaches to safety act
Whitemountain Quarries Limited, a Breedon Group company, pleaded guilty to breaches of the Safety, Health and Welfare at Work Act 2005.
The company admitted failing to manage and conduct the guiding of public traffic safely through roadworks on the R238 Greenbank Project at Three Trees, Quigley’s Point.
The court heard that resurfacing works on a 1.3km stretch of road for Donegal County Council had begun on 17 August 2020.
Geraldine Mullan and her daughter Amelia
Plans to surface the hard shoulders had been postponed until the following week given the adverse weather.
The court heard when the car hit the water, Ms Mullan could not see her husband or children, and as she tried to open a window, it felt as though she was sucked through it.
Amid heavy swells in Lough Foyle, Ms Mullan held onto the top of the car and repeatedly called out the names of John, Tomás and Amelia.
She said she tried to wave to people on the road and that around 20 to 25 cars passed in both directions as she continued to scream for her family before help arrived.
The bodies of 49-year-old John Mullan, 14-year-old Tomás Mullan and six-year-old Amelia Mullan, who died by drowning, were recovered from Lough Foyle that night. Geraldine Mullan was treated in hospital for her injuries.
Read more: Woman who lost family in crash says they ‘were her world’
Ms Mullan said today was a significant day in a journey that began almost six years.
“They were my whole world, and I was the sole survivor of the accident that took their lives,” she said.
‘I am truly, truly sorry’
Declan Carr, CEO of Breedon Ireland, who acquired Whitemountain Quarries in 2018, apologised unreservedly to Ms Mullan on behalf of the company during the court proceedings.
“We did not meet the standards required,” he said. “What happened should not have happened.
“Health and safety is central to how we operate every day, and we failed to meet that priority on 20 August 2020.”
Addressing Ms Mullan, he said: “I know nothing I say can change your loss… We will carry the responsibility for it… I am truly, truly sorry.”
Ms Mullan acknowledged the apology furnished by the Breedon Group on behalf of Whitemountain Quarries, their guilty plea and acceptance of responsibility.
“Hearing Mr Carr apologise on behalf of them brought a measure of comfort and solace.
“It can never undo what happened or bring back the three people I loved beyond words, but hearing those words mattered,” she said.
The court heard that Whitemountain Quarries cooperated fully with the Health and Safety Authority investigation, had no previous convictions and had not come to adverse attention since the incident.
It was also told the company had intensified its focus on health and safety following the tragedy.
The court heard it is now company policy that a traffic management subcontractor cannot be stood down on site, and that such a decision can only be made at director level.
Judge Roderick Maguire imposed a fine of €1.2m on Whitemountain Quarries Limited.
He said the devastating tragedy was a failure of process and personnel in a most tragic case about a family, who he described as four wonderful people.