THE owners of Clogher Mart have been fined £12,500 over the death of an elderly farmer.
Harry McAnespie (80), from Aughnacloy, suffered severe head trauma in an incident involving a bullock in June 2018.
At Dungannon Crown Court last month, Clogher Valley Livestock Producers Limited admitted failing to ensure the health, safety and welfare of non-employed persons.
Prosecution counsel Simon Reid told the court yesterday that on the day in question, a bull in a holding pen tried to jump a gate which “flew open”.
Mr McAnespie was standing behind the gate which struck him, knocking him off his feet and causing a head injury.
The court heard he had been accompanied that day by his son and 12-year-old grandchild, both of whom remain “very affected” by his death.
In 2007 his brother Michael was also killed by a bull on his farm near Loughmacrory in Co Tyrone.
A Health and Safety Executive examination found that “the gate was difficult to latch... the bolt was slightly bent, preventing the shaft being driven home... It was not maintained to a sufficient standard”.
Mr Reid agreed with Judge Paul Ramsey that the company had “an impeccable record” and this was the first incident in 60 years of trading.
Described as a long-standing, highly respected customer, defence counsel Frank O’Donohoe expressed his clients’ apologies to Mr McAnespie’s widow and family.
“Regrettably, this was a freak accident, with catastrophic consequences. An out of control bull was rampaging in a highly controlled area... Systems were in place but were not rigorously enforced... The court could be satisfied this was a lapse,” he said.
Imposing a fine of £12,500, Judge Ramsey said he took on board the company’s remorse, guilty plea, safety record, full co-operation with the investigation and “genuine efforts to remedy defects".
After the hearing ended, management of the company walked across the courtroom and shook hands with the victim’s widow and family.
