Fines totalling £50,000 were imposed today for health and safety breaches which resulted in the death of a "wholly innocent" trainee mechanic.
South West College student Neil Graham, 17, lost his life in Enniskillen on May 22, 2018 working underneath a tractor whilst on work placement.
As he imposed the fines to two Co Fermanagh men and a farming business, Judge Ramsey branded the fatal incident as "heartbreaking" and "monumentally tragic."
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Gordon Brown, 63, of Boho Road in Enniskillen, admitted a charge of being an employer and failing to provide a safe system of work and was fined £20,000.
Jamie Loane, 27, from Derrybrick Road in Kesh, pleaded guilty to a charge of being an employee and failing to take reasonable care for the health and safety of himself and others. A fine of £10,000 was also imposed upon him.
Loane's family farming business – C&V Loane Limited of the same address in Kesh – admitted a charge failing to ensure a non-employee was not exposed to risks to health and safety. It was also fined £20,000 by Judge Ramsey.
All the charges occurred on May 22, 2018 – the day the trainee mechanic from Garrison who was branded a "star pupil" by his tutors lost his life.
In May 2018 he was on work placement with Brown's agricultural engineering firm in Enniskillen and on the day in question was working on a Massey Ferguson brought in for repair by the Loane family.
Crown barrister Philip Mateer KC said faults were reported in the tractor's gearing mechanism and Brown instructed Neil to wash the vehicle before any repairs could begin.
As the young mechanic was backing the tractor into the workshed, Brown noticed an oil leak and decided the source of the leak needed to be located before stripping the gearbox.
Neil then rolled in underneath the tractor to try and find the oil leak and as Mr Mateer told the court Brown then "took the fatal decision to start that tractor".
This, he said, caused the tractor to jump forward causing fatal injuries to the teenager.
Regarding the charges, Mr Mateer said Brown's failing included not warning the young mechanic, who was under the wheels of the tractor, that he was about to start the engine as well as not using an inspection pit on the workshop.
When the tractor was later examined, it emerged that a safety feature to prevent the vehicle being started whilst in gear had been bypassed some time before it was brought in for repair.
Brown later stated he was completely unaware of the modification and would not have allowed Neil anywhere near it had he known.
A second Massey Ferguson with similar modifications was located at the Loane family farm, with the Crown saying the company failed to have any system in place to inspect the tractors.
Mr Mateer said that whilst Jamie Loane claims he was not aware of the alteration to the safety mechanism, as the main user he was "under duty ... to make himself aware" of any alternations, and pass that information on to anyone who would be affected by this.
The prosecutor said: "Neil Graham tragically lost his life as a result of central failings attributable in several ways to the defendants".
Mr Mateer said Neil was much loved and missed and spoke of the devastating impact his death has had on Neil's parents Joy and Eddie and his siblings Jonathan, Cherith and Rebecca.
Martin O'Rourke KC, representing Brown, said his client acknowledged the "catastrophic impact" Neil's death has had on the his family and friends and also wanted to pass on his condolences.
The barrister said the incident has also had a "significant" impact on Brown's health and that prior to this incident there had never been any safety issues in his long-established business.
Frank O'Donoghue KC, acting on behalf of Jamie Loane and C and V Loane Limited, added his clients condolences to the Graham family for the death of a "wholly innocent young man whose life has been lost in these utterly appalling and tragic circumstances."
The barrister said that whilst it was acknowledged by the Loane family that the Massey Ferguson brought to Brown was in a bad condition, they were not aware the modification had been made.
As he imposed fines as Dungannon Crown Court, sitting in Belfast, Judge Ramsey said: "I'm aware that today's proceedings will do little to ease the grief of the family - but hopefully this will give them some degree of closure.
"It's quite clear that everybody's thoughts in this courtroom will be with the deceased and his family."
Recalling the day of the fatal incident, dad Eddie said: "He went off to work that Tuesday morning, it was a beautiful sunny morning.
"He went off to work that morning and he was so happy, but our world shattered that day.
"I got a call later to tell me Neil had been in an accident in work and I tried to find out what happened. I thought he's nicked himself or something so I just rushed to the South West Hospital.
"I was met at the door by three police officers and they didn't need to tell me then as I just knew.
"He will never become a mechanic, he will never get married and have children."
Joy described her son as "loyal" and "my DIY man." Revealing he was two months shy of his 18th birthday.
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