Waterways Ireland faces criminal proceedings after a homeless man was paralysed when a digger cleared his tent from the banks of the Grand Canal in Dublin.
Elias Adane, who is in his 30s and originally from Eritrea, sustained life-changing injuries in the incident, which happened on January 14th, 2020 on a stretch of the canal where homeless people had pitched tents and been served eviction notices.
Mr Adane, who came to Ireland as an unaccompanied minor and has periods of homelessness, had been sleeping in a tent at Wilton Terrace near Leeson Street Bridge for months. He spent weeks in St Vincent’s hospital after being injured in the incident before moving to the National Rehabilitation Hospital while new accommodation was arranged.
The Health and Safety Authority investigated the incident and submitted a file to the Director of Public Prosecution, who authorised charges against Waterways Ireland and an employee, Jennifer Blackford, of Oldcourt Lawn, Firhouse, Dublin 24.
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The offences are under the Safety, Health and Welfare at Work Act 2005 and include allegations of a failure to check if Mr Adane’s tent was occupied when it was removed “by means of a mechanical grab”.
The prosecution had its first listing at Dublin District Court on Monday before Judge Anthony Halpin, who acceded to a State solicitor’s request that the proceedings continue on Tuesday when evidence is to be served on the defendants.
Waterways Ireland, based at Sligo Road, Enniskillen, Co Fermanagh, is an all-island body responsible for managing and maintaining inland navigable waterways primarily for recreational purposes.
It is charged with failing to ensure that “people were not exposed to risks to their safety, health or welfare” or that “there was an adequate system of work in place in respect of lifting a tent by means of a mechanical grab which included ensuring that the tent was unoccupied prior to removal”. The second charge claims Mr Adane suffered personal injury due to those failures.
Ms Blackford faces a single charge of failing to discharge a duty under the health and safety laws.
There has not yet been an indication of how either accused intends to plead.
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