'A dreadful mistake' led to retired Limerick farmer's death, court hears

Dairymaster, one of the leading suppliers of dairy equipment in Ireland, has been fined €400,000 after pleading guilty to several charges arising from the death of a man in 2020.

During a sentencing hearing at Limerick Circuit Court, Judge Simon McAleese was told Danny Mullins, aged 76, died after he was crushed by a pneumatic gate used to control the movement of cows at a milking parlour on the family farm at Glenacurrane, Anglesboro. The incident occurred on July 30, 2020.

“It was an accident waiting to happen,” he was told.

Following Mr Mullins’ death, the Health and Safety Authority launched an investigation resulting in criminal charges being brought against the company which is based in Causeway, County Kerry.

Lilly Buckley BL, instructed by State Solicitor Brendan Gill, said five of the six charges were technical in nature but that one related directly to the death of Mr Mullins.

READ NEXT: Getaway drivers jailed for involvement in Limerick shootings

That charge states that he “suffered personal injuries and died” as a consequence of Dairymaster’s failure to ensure the pneumatic gate it had supplied and installed was “safe and without risk to health”.

The charge, contrary to the Safety, Health and Welfare at Work Act 2005, also cites the company’s failure to fit an “emergency stop device” close to the ‘back entry gate’ as required under the European Communities Machinery Directive.

David Barry, a now-retired inspector with the HSA, told the court he was alerted to the fatal incident within hours of gardai being informed and that he subsequently attended the farm.

He said the defendant company had supplied and installed the gate and other associated equipment in January 2020 after Niall Mullins - a son of the deceased man - took over the farm following his father’s retirement.

The investigation established that Danny Mullins was attempting to walk from the milking area to a holding area on the farm when he was crushed after getting caught in the gate as it closed.

“There was nothing to stop it once it started closing,” said Mr Barry, who later added the gate was “unstoppable” once activated, given the force.

READ MORE: 'Unstable' man waved pellet gun at young children in Limerick estate

Judge McAleese was told tests carried out following the incident indicated users had around 3.6 seconds to safely exit the milking area once the gate mechanism was activated.

“His intention was to close the gate and he walked towards the gate but he didn’t get through,” said Mr Barry who added that Mr Mullins “clearly wasn’t aware of the danger”.

The inspector said Dairymaster was the designer and manufacturer of the pneumatic gate and that it had also arranged for it to be installed on the farm.

Having made certain demands of the company, it became apparent a number of weeks later that it was in breach of several EU regulations.

He said an instruction manual was never prepared or made available to customers who purchased the back entry gate over the previous three decades and that users were not aware of the potential dangers.

Dairymaster has also admitted not carrying out adequate risk assessments and not ensuring the pneumatic gate was in compliance with all regulations. It also failed to carry out adequate research to minimise or eliminate potential safety risks.

READ NEXT: Irish dairy equipment company convicted and fined over death of Limerick farmer

Video footage of the gate in operation was shown to the court along with a number of photographs which showed the layout of the milking parlour and the location of the controls which were 2.51 metres away from the gate.

In the aftermath of the incident, an EU-wide safety alert was issued and the company agreed to pause any future deliveries and installations of the product.

Dairymaster also agreed to devise a solution to address the health and safety concerns.

These, Mr Barry said, included the installation of two emergency stop buttons, the preparation of an instruction manual and an increased use of signage highlighting the potential dangers associated with the pneumatic gate.

The company, as part of a major retrofit programme for around 1,000 customers, also installed a “hold-to-run” feature and reconfigured the control to ensure the back entry gates now only work when the milking machinery is turned on.

“The gate now only works when the machine is on,” said Mr Barry who added the company put its hands up at an early stage in the investigation and had cooperated fully with the HSA investigation.

Mr Barry said Mr Mullins’ death was an “accident waiting to happen” but that it “could not happen now,” given the work that has been carried out by Dairymaster to address the safety concerns.

Remy Farrell SC, representing the company, asked the court to note it has no previous convictions and that it had carried out the retrofit works at its own expense.

He said Dairymaster had “essentially put its hands up” early in the investigation and that the guilty pleas were a “concrete expression of remorse” and a “real acknowledgement of wrongdoing”.

He said the company, which employs around 400 people in Kerry, has put new systems and processes in place since Mr Mullins’ death and that it is “not simply an exercise in the rear-view mirror".

Having heard the facts of the case, Judge McAleese expressed his sympathies to members of the Mullins family who were present in court.

He said it was a “terrible thing to happen” and that he found it “quite extraordinary” that the safety risks had not come to light for more than 30 years.

“It’s an awful tragedy, he was an innocent man going about his business who was killed due to a manifest defect in equipment design,” he added.

Taking a number of technical documents and detailed legal submissions into consideration, Judge McAleese said that what unfolded was a “tragedy” and noted Dairymaster to be a “successful and innovative” family-run company in the dairy industry.

The charges brought before Limerick Circuit Court carried fines ranging from €300 to €3 million.

Judge McAleese also noted that Dairymaster’s “culpability is substantial” considering the “grief and harm” Mr Mullins’ family have been put through in the aftermath of his death. While there was no evidence that what occurred was a deliberate breach of law, the judge said it does seem negligent on the company’s behalf.

Judge McAleese referred to the late Danny Mullins as a “man who worked hard all his life.”

Representing the company, Remy Farrell SC said Dairymaster was prepared to pay any fine the court imposes.

Taking all evidence and submissions into account, Judge Simon McAleese set a headline penalty of €1 million.

In mitigation, the judge took into account the guilty pleas on all charges, their “engaging response” with the prosecution, the “sincere” apology issued to Mr Mullins’ family, the steps they have taken in the aftermath of the incident, including many key safety improvements, their ongoing engagement with customers, the implementation of customer training and user manuals as well as the company’s “hands-up” approach and acceptance of wrongdoing.

Judge McAleese also gave weight to the company’s lack of previous convictions, their cooperation at all stages and the fact that Dairymaster is a “significant” employer in Co Kerry.

It was the judge’s view that the dairy company is a “responsible corporate citizen” that made a “dreadful mistake” which, he believes, is “highly unlikely to occur again.”

Taking into account the mitigating factors, the headline penalty was reduced.

Judge Simon McAleese imposed a €400,000 fine in respect of two charges, with the rest taken into consideration. Dairymaster have been given three months to pay the fine.

Barrister Lily Buckley confirmed that costs and expenses have been agreed upon by both the prosecution and defence.