A roadworks company has apologised to a woman who lost her immediate family – her husband and two children – in a road incident in Inishowen, Co Donegal six years ago.
John Mullan (49) and his two children, 14-year-old Tomás and six-year-old Amelia, died after their car went off the road and plunged into Lough Foyle on 20 August 2020.
The only person who survived the tragedy, Geraldine Mullan told Letterkenny Circuit Criminal Court it was impossible to describe her pain and depth of loss in what she described as “a preventable road traffic accident.”
Mr Declan Carr, CEO of Breedon Group, apologised unreservedly in court to Geraldine Mullan, on behalf of the company, adding that nothing he could say could change her loss.
The Mullans were returning home to Moville, having enjoyed a day out in Derry before the new school year, after going to the cinema, playing bowling and going for a meal.
Ms Mullan told the court that her heart has been broken into pieces and that the pain and heartbreak was immeasurable.
“There is no end to my grief, I will never get over our accident. It will live with me for the rest of my days,” she told the court.
Whitemountain Quarries Limited, a company of the Breedon Group, pleaded guilty to breaches of the Safety, Health and Welfare at Work Act 2005 at the R238 Greenbank Project, Three Trees, Quigley’s Point.
The company acknowledged that they failed to manage and conduct the guiding of public traffic through roadworks and, as a consequence, John Mullan, Tomás Mullan and Amelia Mullan died and Ms Mullan, suffered injuries.
Whitemountain Quarries Ltd had been carrying out resurfacing works on a 1.3km stretch of roadway for Donegal County Council, works that began on 17 August 2020.
The court heard surfacing works had been carried out. With adverse weather forecast and works ahead of schedule, plans to surface the hard shoulders were scheduled for the following week.
A Whitemountain Quarries engineer asked a subcontracted company, appointed to develop and implement a traffic management plan, to remove signage on Thursday 20 August 2020.
Whitemountain Quarries indicated that they would put up their own cones and signs. The court heard that a stop-go system in place was lifted. Periodic spot checks were planned over the weekend. The court heard this did not happen on that Thursday night.
The court heard that the new road surface was at least 5cm higher than the hard shoulder, that there were no central markings or visible cones on a section of the north bound carriageway and that the road had a very poor level of friction.
Family returning home after a day out
The Mullans were travelling northbound from their family day out about 10.20pm on Thursday, 20 August 2020 when the front passenger wheel slipped onto the hard shoulder within the area of roadworks. A storm warning was in force, nationally.
As Mr Mullan attempted to regain control of the car, it skidded across road, slid over the embankment and entered Lough Foyle.
A Forensic Collision Investigator’s report found that the car did not contribute to the collision, that it was roadworthy and that there no evidence of speed.
“The last sounds that I heard from my children and my husband were their screams of terror as our car plunged into the River Foyle, overturned and ended up on the seabed,” Ms Mullan said.
The court heard once the car hit the water, Ms Mullan couldn’t see her husband or her children and when she tried to open the window, it felt like she was sucked through it.
The court heard that Ms Mullan managed to get out of the car, swam towards it and tried to cling onto to it, however, strong waves repeatedly pushed her against a sewer pipe.
“I eventually climbed up onto the car and wedged my right foot under the axle to secure myself. I continued screaming for my husband and children,” she said.
“A sign of the cross on each of their heads”
Ms Mullan told the court that she tried to wave to people on the road and that 20 to 25 cars went by in both directions as she continued to scream for her family.
“Because we were in the water so long, I knew they were no longer alive. I kept screaming their names and calling out for help until eventually, a passing family driving by noticed my plight and raised the alarm,” she said.
Paramedics offered Ms Mullan pain relief, which she refused as she wanted to be alert and know what was happening with John, Tomás and Amelia.
The bodies of John, Tomás and Amelia Mullan, who died by drowning, were recovered from Lough Foyle.
Ms Mullan recalled the first responders lining up like a guard of honour as she was brought in a wheelchair to see the bodies of her husband and children.
“I remember I made a sign of the cross on each of their heads and kissed them once more. The night, its sounds, imagery and tragedy have not left me. It never will,” she said.
Continuing impact of the tragedy
Ms Mullan told the court she continues to suffer from post traumatic stress disorder, for which she has received ongoing counselling since the accident.
“It is difficult to put into words how you are expected to cope or adjust from being a family of four to a family of one.
“For me, my primary role was that of a wife and mother – I cherished my role as John’s wife and mother to Tomás and Amelia. We were a strong, loving family.
“We were a close family unit and our house was filled with love, laughter and happiness.
“My identity, sense of who I am, my role and future plans were taken from me so abruptly as a result of the accident,” she told the court.
The court heard that Whitemountain Quarries Ltd cooperated fully with the subsequent Health and Safety Authority investigation, that the company has no previous convictions, nor had it come to adverse attention since the incident.
The court heard that the company intensified its focus on health and safety following the tragedy and a suite of documents were handed into the court outlining the company’s approach current to health, safety and welfare measures.
The court heard that it is now company policy that it is no longer possible for anyone on site to stand down a traffic management sub-contractor; that can only be done now at director level in the organisation.
The court heard that it was a great source of shame and embarrassment to be before the court today and that they accept the criticisms that were made.
Judge Roderick Maguire asked the company to produce a document to outline specific steps that have been taken in respect of the shortcoming that were identified to ensure such a tragedy will not happen again before he finalises sentencing next Friday.
Company offered unequivocal apology
Whitemountain Quarries was acquired by Breedon Group PLC in 2018. Mr Declan Carr, CEO of Breedon Group, apologised unreservedly to Ms Mullan, noting that the company have reflected deeply on what has happened.
He acknowledged the devastating and far-reaching impact of the loss, adding there were no words, but that he wished to offer a clear and unequivocal apology.
“We did not meet standards required … 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,” he said.
“Ms Mullan, I know nothing I say can change your loss … we will carry the responsibility for it … I am truly, truly sorry.”
Company facing maximum fine of €3m
The court heard that all Whitemountain operations in Donegal today were stood down today in light of this matter being before the court.
The maximum fine the company faces is €3 million. Whitemountain Quarries employ 170 people across Ireland and the UK.
In mitigation, the company’s legal representative asked the court to take cognisance of the guilty plea, the company’s record and their cooperation during the investigation.
In her victim impact statement, Ms Mullan told the court that all she ever wanted for her beloved John, Tomás and Amelia was justice.
She said that she does not want any other family to go through what she is going through.
“I would not wish it on my worst enemy,” she told the court.
“I hope by speaking today, I have spoken for them – John, Tomás and Amelia.
Ms Mullan thanked her family, friends and the wider community, who she said sustained her during what was a tragic, overwhelming and intolerable loss.
She thanked the family who stopped on the night and raised the alarm, gardaí, firefighters, ambulance crew and the coastguard.
She said Sergeant Charlene Anderson, who she said took her hand on the night of the accident, has been with her every step of this process.
John McMullan: “My rock, my soulmate and my best friend”
Ms Mc Mullan said her husband John was about to turn 50 three weeks after the tragedy, adding some of his presents remain unopened in their home.
She said his loss is felt by both families and throughout the community.
“John was my rock, my soulmate and my best friend. He made me feel safe and whole. I was a single parent when I met John.
“I thought I had found my happily ever after and I had, but I didn’t get to keep it. We were introduced through his mum, and from the very beginning, I believed we would grow old together,” she said.
“I miss everything about him – I miss hearing his voice, his music, our holidays, our date nights and the way we could still feel like teenagers together. I miss how he made my heart skip a beat, I miss being held in his arms, I miss his smile and his way of making me feel like I was his whole world,” she said.
Ms McMullan said there were no could truly capture the depth of this heartbreak.
“It’s found in a million small, ordinary moments that I miss every single day,” she said.
Tomás – a “whole life full of promise”
Ms Mullan said her son, Tomás, filled her heart with love and pride adding that he was her “firstborn, a beautiful boy and the light of my life”.
“John came into our lives when Tomás was almost four and they connected instantly. They were like two peas in a pod, sharing a bond that felt just like father and son,” she said.
Ms Mullan described Tomás, with whom she shared a love of photography as “wise beyond his years,” and said: “His giggles could brighten any day.”
“He was kind, loving and caring to all those who knew him. He would always check in with me when I came home from work to make sure I was okay.”
She said he was loved by friends, talented in music and sport, having played the fiddle, accordion and enjoyed judo, chess and sea scouts.
She said his whole life was full of promise and on the day of the accident, he enthusiastically told his family about his plans to study pharmacy.
“The love of my firstborn is something that remains with me forever. He was perfect in every way, and I am completely heartbroken without him,” she said.
Amelia – “bubbly, mischievous and always laughing”
Ms Mullan described her daughter Amelia as “a ray of sunshine,” who “had the most beautiful curls and a creativity that shone through everything that she did”.
“Sundays were our special mother-and-daughter time, and those precious memories are what I hold dearest now.
“We would take her teddy or doll for a walk along the shore path and treat ourselves to hot chocolate and peppermint tea on the way home.
“Those memories are so precious, what I wouldn’t give for another Sunday morning with my little girl.
“She was bubbly, mischievous and always laughing. In so many ways, she was just like me. She loved fashion and expressing her style, and even at just six years old, she had so many interests,” she said.
Ms Mullan said her daughter was the apple of her father and brother’s eyes and as with Tomás, she said: “I was and always will be endlessly proud of Amelia also.”
“She told me during Covid a few weeks before our accident that there were four corners in my heart; she was in one corner, Daddy was in another corner, Tomás was in another corner and I was in another corner and that if I was ever missing them, I was to put my hand on my heart.
“I have done as she told me, every day since our accident. But I shouldn’t have to,” Ms Mullan said.
Court adjournments had profound impact
Ms Mullan said she tried her hardest on the night of the accident to save her family and that it will haunt her forever.
“A part of me was forever lost with them that night, and it is a loss I carry with me forever,” she said.
Ms Mullan said since the accident she has experienced severe emotional trauma and grief, post-traumatic stress disorder, anxiety and ongoing psychological distress.
“Now, almost six years later, I still have flashbacks, nightmare and live that night over and over. It is like a recurring nightmare or dream that I cannot wake up from.”
She said waiting for a court date after many adjournments had a profound impact, describing it as a step forward, then ten back, heightening fears, anxiety and stress.
“I understand there is a judicial process, but it is imperative to note that behind each case there is a life and delays for court dates has a ripple effect not just on myself – the victim – but our families, friends and the wider community.”
Ms Mullan suffered multiple fractures, tissue injuries and lacerations during the accident, adding that she continues to receive treatment to manage the ongoing pain.
A cancer nurse specialist, she told the court that the accident has had a profound financial impact, adding that she has not been able to return to work full time.
“Endeavoured throughout to sustain hope”
Ms Mullan said she “has endeavoured throughout to sustain hope, rather than despair.”
She told the court that she has focused on fundraising, supporting communities, community-based initiatives and charitable causes outside of work.
“I know that I have to keep going. I know my beloved John, Tomás and Amelia would want me to. But each breath I take is tinged with heartache, pain, sadness, loneliness and grief.”
She said her husband’s legacy lives on in the gardens across Inishowen, but his loss to the Moville business community has been felt by all who knew him and similarly, the schools that Tomás and Amelia, both attended have felt the impact of their loss.
As she closed her victim impact statement, Ms Mullan asked that press respect her privacy, both at home, and at her place of employment as she continues to grieve her family.