THE death of a Fermanagh GAA county player as a result of an industrial incident at a Derrylin concrete factory just over three years ago was a “terribly unlucky, freakish” accident, Omagh Crown Court heard yesterday (Wednesday) afternoon.

Lisnaskea clubman, Brian Óg Maguire, who was part of the Fermanagh senior football squad, was fatally injured in the incident that occurred at the Quinn Group’s Pre-Stress plant on Ballyconnell Road on September 13, 2012. He subsequently died on the way to hospital.

The current owners of the factory, Quinn Building Products Limited, with an address at Gortmullan, Derrylin, pleaded guilty in August this year to two counts of breaching health and safety regulations.

Represented in court by managing director, Liam McCaffrey, the firm admitted failing to ensure the health, safety and welfare at work of all employees on September 13, 2012, as well as a further charge of failing to ensure that work equipment involved in the production of pre-stressed concrete was maintained in “an efficient state, in efficient working order and in good repair”.

At Omagh Crown Court yesterday, Mr McCaffrey represented the Fermanagh company once again. Members of the deceased's family were also in attendance to hear submissions from both the Public Prosecution Service (PPS) and the defence, ahead of sentencing in the case.

Counsel for the PPS, Frank O'Donoghue, told the court that Brian Óg Maguire, who had been employed by the company for 17 months prior to the accident, sustained fatal injuries after being “tragically struck” by a steel wire that gave way during the manufacturing process of pre-stressed concrete floor slabs.

The barrister said that Brian Óg Maguire had been in a steel mesh cage at the time of the incident, but said that the loose wire struck the back of the cage, causing it to splay, with “tragic consequences”.

Mr O'Donoghue said that “similar incidents” had happened before at the factory, but had gone unrecorded.

“It seems to have been an occurrence that was not uncommon,” he said.

The prosecutor said that it subsequently emerged that parts of the equipment had been “clogged with dirt and debris” and were also worn. He said that the company had failed to properly supervise an effective cleaning regime.

Mr O'Donoghue further told the court that there was evidence of an “absence of proper stock rotation” in relation to the worn equipment.

Outlining the mitigating factors in the case, the barrister said that Quinn Building Products Limited was entitled to “full credit”, having entered guilty pleas at the arraignment in August. He added that representatives of the company had expressed remorse, both during interview and in court.

Observing that the court was limited to imposing a fine on the company for these offences, Mr O'Donoghue said that the firm had a gross turnover of £17 million and a net profit of £78,000.

“There is no evidence that the company is unable to meet a fine that is commensurate for a company of that size,” the prosecutor added.

Meanwhile, defending counsel, Kieran Mallon, told the court that “genuine efforts” had been made to remedy the defects.

The barrister said that the company wanted to place on record that, immediately following the accident, there had been a major redesign of the process and the physical workplace. He added that the new design had become the “recommended standard” for the industry.

Mr Mallon said that he did not wish to undermine the “terrible and continuing loss” felt by the deceased's family as a result of the “terribly unlucky, freakish” accident.

The barrister said that, while the company accepted that the wire had become loose on previous occasions, it had never been the experience of anyone that it would have reacted in the way it did on September 13, 2012.

He described it as the “perfect storm that no-one ever envisaged”, adding that it had been “uniquely unlucky”.

Referring to the victim impact statements that had been prepared by members of the deceased's family, the barrister said that they were “eloquent, moving and dignified” in their tributes to Brian Óg Maguire's characteristics.

Adjourning sentencing in the case, Judge Paul Ramsey QC observed that the victim impact statements were “detailed and extremely moving”.

The judge also told the court that he would have to consult various authorities before sentencing the firm. He adjourned the case until Thursday, October 22 at Omagh Crown Court.