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Thursday 2 October 2014

Court: HSA can probe Don's death

Kevin Hughes

Published 18/04/2013 | 05:26

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THE High Court has ruled against Kerry County Council's attempts to halt a Health and Safety Authority (HSA) investigation into the death of 22-year-old Don Murphy from Ballydaly, Rathmore.

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An ESB apprentice from Knocknaloma, Mr Murphy (pictured) died on September 29, 2012, when his westbound Honda Civic is understood to have clipped a newly installed traffic island on the N72 in Rathmore, resulting in the driver losing control of the vehicle.

Mr Murphy was driving alone and was pronounced dead at the scene.

The HSA is investigating on the basis that the traffic island was still under construction but Kerry County Council had argued that works carried out on that section of road had finished the day before the accident.

In attempting to stop the HSA's investigations the council told the High Court that the incident had not taken place at a place of work and so the HSA had no remit to investigate. The authority opposed the council's action, arguing that it was fully entitled to investigate.

In the High Court last week, Mr Justice Nicholas Kearns dismissed the council's application.

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