Roads company fined €1.2 million over deaths of Donegal family

Stephen Maguire

A roads company has been fined €1.2 million following a tragic incident in Co Donegal in which a father and his two children lost their lives.

John Mullan, 49, and his children Tomás, 14, and Amelia, 6, died after their car left the road, slid down an embankment at Quigley’s Point and entered Lough Foyle on the night of August 20th, 2020.

John’s wife and the children’s mother, Geraldine, was ‘sucked’ from the vehicle and survived by standing on the roof.

Last week, Whitemountain Quarries Ltd pleaded guilty at Letterkenny Circuit Court to two different counts relating to works which they were carrying out on the R238 road at the time of the tragedy.

The company is indicted with two counts of failing to discharge a duty as an employer to persons other than an employee by failing to ensure as far as reasonably practicable that in the course of the works being carried out, individuals at the place of work are not exposed to risk to their safety, healthy or welfare, as provided by for in section 12 of the Safety, Health and Welfare Act 2005, contrary to section 77 (9) (a) of the Safety, Health and Welfare at Work Act 2005.

During the court hearing, Geraldine Mullan gave a heart-wrenching victim impact statement about how her life has been devastated by the tragedy.

The specialist cancer nurse fought through tears as she told how she finds it difficult to live each day since the deaths of the three most important people in her life.

Those gathered in the courtroom sat in a hushed silence, many wiping away tears, as she told how on the night, as she tried desperately to save her family, counted up to 25 cars pass her by as her husband and two children perished just yards from her.

The court heard how the condition of the R238 road, which was undergoing resurfacing works at the time, led directly to the deaths.

The court heard evidence from Inspector with the Health and Safety Authority, Mr Brian McHugh, who gave an overall synopsis of the events of the tragic night after leading a full investigation into the circumstances of the incident.

The court heard the Mullan family had been returning to their home in Moville on the Inishowen Peninsula having enjoyed a family day out at the cinema and in the bowling alley in Derry.

The tragedy took place during Storm Ellen while there was a Status Yellow weather warning in place and driving conditions were difficult.

Mrs Mullan told how they had encountered roadworks and there were no road markings.

Outside of Quigley's Point, at a location known as the Three Trees, the family's Mitsubishi car hit the hard shoulder and John Mullan attempted to bring the car back, but he lost control, and the car skidded across the road and into Lough Foyle.

Barrister for Whitemountain Quarries Ltd, now part of the Breedon Group, Ronan Kennedy, said he first wanted to pay tribute to the dignity and strength of Mrs Mullan.

He said the tragedy had cast a long shadow over the company and will do so indefinitely.

He added that the company had never suffered any safety issues previously and that it prided itself on its health and safety record.

As a mark of respect to the Mullan family, the company had suspended all work operations on the day of the court hearing.

Kennedy added that he was aware of another serious accident at the location since the tragedy of 2020 and that there was now a crash barrier at the site.

He asked Judge Roderick Maguire to accept the company's remorse as genuine and heartfelt and that there was an extremely high level of cooperation.

He further asked the court to give the company credit for a plea of guilty and also said that, on the questions of costs, the company had discharged the costs of the DPP in advance.

Maguire said the case was against a company, but it was really about a family of four wonderful people, three of whom have died.

He paid tribute to the strength and dignity of Mrs Mullan, saying the court could not measure the impact the incident had, but the court can only attempt to understand a shade of understandable grief and loss.

He initially set a headline sentence as being a total fine of €1,450,000 before mitigation.

In mitigation, he said the company had entered a guilty plea but added that it was not particularly early.

He referred to the dashcam footage taken just before the incident and other evidence and suggested this was akin to a criminal being caught red-handed.

He also referred to the apology given in court by company CEO Declan Carr and also noted that despite extensive contracts in Ireland and the UK, they had no previous incidents of this kind.

He also referred to the company’s numerous safety certificates and also noted they had been accredited with numerous safety standard awards.

However, he added that while the company has issued new guidelines for their employees for safety standards to be carried out while on site, there seemed to be a “blind spot” when it came to members of the public.

Taking all this into account he reduced the overall fine from €1,450,000 to €1, 200,000 and noted all legal expenses of the Director of Public Prosecutions had already been discharged by the company.

The company asked for three months to pay the fine and Judge Maguire set a timeline of November 1st for the payment.

He also offered his sincere sympathy to Mrs Mullan.