This afternoon at Antrim Crown Court, Judge Roseanne McCormick KC sentenced Causeway Coast & Glens Council in connection to the death of 51-year-old Mr John Winton.
The sentence, delivered shortly after 3pm, concerned the tragic incident on November 6, 2018, when Mr. Winton, a father of two and a retained firefighter in Limavady, was fatally injured by a bin lorry in the Mount Eden area.
Several victim impact statements from Mr. Winton's family were read, highlighting their profound grief and the tragic loss of a beloved family member.
The court emphasised the council's negligence in not providing adequate training and supervision, which contributed to the accident. It was noted that the council had not implemented sufficient safety measures, including the proper use of trained reversing assistants (banksmen). The court reviewed the council's failings, including inadequate risk assessments and the unsafe practice of "task and finish" work, which encouraged speed over safety.
Sentencing Causeway Coast & Glens Council, Judge Roseanne McCormick KC said,
"Having examined all the material available to me, and taking full account of the financial pressures on the Defendant Borough Council, as well as the aggravating and mitigating features of this case, this court concludes that a Crown Court in Northern Ireland, when sentencing a public body as opposed to a commercial body for breaches such as this, would have a starting point in the region of £120,000.
The sentence, delivered shortly after 3pm, concerned the tragic incident on November 6, 2018, when Mr. Winton, a father of two and a retained firefighter in Limavady, was fatally injured by a bin lorry in the Mount Eden area.
Several victim impact statements from Mr. Winton's family were read, highlighting their profound grief and the tragic loss of a beloved family member.
The court emphasised the council's negligence in not providing adequate training and supervision, which contributed to the accident. It was noted that the council had not implemented sufficient safety measures, including the proper use of trained reversing assistants (banksmen). The court reviewed the council's failings, including inadequate risk assessments and the unsafe practice of "task and finish" work, which encouraged speed over safety.
Sentencing Causeway Coast & Glens Council, Judge Roseanne McCormick KC said,
"Having examined all the material available to me, and taking full account of the financial pressures on the Defendant Borough Council, as well as the aggravating and mitigating features of this case, this court concludes that a Crown Court in Northern Ireland, when sentencing a public body as opposed to a commercial body for breaches such as this, would have a starting point in the region of £120,000.
"I have identified the aggravating and mitigating features. The mitigating features outweigh the aggravating ones; therefore, I reduce the figure from £120,000 to £100,000. I remind myself that this plea was warmly welcomed by the prosecution. Reflecting on the timing of the plea, I have determined that it should attract a discount or reduction of 25%.
"This reduces the figure to £75,000. The council is therefore fined £75,000."
Speaking after the hearing, HSENI Principal Inspector Anne Boylan said: “This tragic accident could have been avoided had the Council managed the risks associated with domestic bin collections.
“Comprehensive information and guidance, specific to the waste industry was readily available at the time of the incident. This guidance set out clearly the risks associated with bin collections along with reasonably practicable control measures for managing those risks.
“Tragically for the Winton family, the Council failed to implement the necessary control measures.”
Speaking after the hearing, HSENI Principal Inspector Anne Boylan said: “This tragic accident could have been avoided had the Council managed the risks associated with domestic bin collections.
“Comprehensive information and guidance, specific to the waste industry was readily available at the time of the incident. This guidance set out clearly the risks associated with bin collections along with reasonably practicable control measures for managing those risks.
“Tragically for the Winton family, the Council failed to implement the necessary control measures.”
Causeway Coast & Glens Council was fined £75,000 for health and safety failures leading to the tragedy.
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In 2013, Coleraine Borough Council was fined £75,000 for the incident involving employee Alan Devenney in July 2011.
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In 2013, Coleraine Borough Council was fined £75,000 for the incident involving employee Alan Devenney in July 2011.
Alan Devenney was tragically crushed to death under an 11-tonne industrial skip filled with compacted waste at the Loughanhill waste disposal depot.
