A vehicle testing firm has been fined €25,000 after being convicted of breaching health and safety law relating to the testing of a school bus that was involved in a fatal crash 7 years ago.
However a stay was put on payment of the fine pending an appeal by the testing firm O'Reilly Commercials Ltd.
The company failed to note the modified rear suspension on the bus prior to the crash which had earlier been the subject of a recall. It was agreed by the prosecution that this offence was not the cause of the crash and the company could not be blamed for the fatality.
The bus went out of control on a bog road just outside Clara in Co. Offaly on April 4th 2006 after the rear drive axle came off.
A 15-year-old boy died and a number of children were injured.
Judge Heneghan imposed the fine after being informed that the company has sufficient means to pay it. She said there were no aggravating factors in the case and that the company have an otherwise flawless safety record.
The judge also noted there was no regime to track vehicle modifications across Europe.
Counsel for the Director of Public Prosecutions (DPP) said they intend to apply for their costs to be paid by the defence.
O'Reilly's defence counsel said they will be applying for the costs to be paid by the State as they had successfully defended themselves against two of the three counts against them. Judge Heneghan set a date in October to decide the issue.
David O'Reilly, acting on behalf of the firm of Ballinalach, Mullingar in Co. Westmeath had pleaded not guilty at Dublin Circuit Criminal Court to four charges of breaching health and safety laws when carrying out an official test on the 1989 Mercedes bus between August 5th and 6th in 2005.
After a 23-day trial the jury of ten men and two women deliberated for just under 8 hours before returning a verdict of guilty on the first count which outlined a failure to note the modified rear suspension system.
The company was found not guilty of failing to verify this modified suspension as safe. It was also acquitted of failing to note a missing bolt and failing to take account of a fracture in the chassis.
