A gas fitter from County Londonderry has been sentenced to two years in prison following the deaths of two teenage boys in a holiday home in 2010. They died after they were overcome by carbon monoxide which leaked from a faulty boiler. A third teenager was seriously injured but survived.
George Brown, 52, from Ballygawley Road, Aghadowey, admitted causing the manslaughter on the grounds of gross negligence.
Neil McFerran and Aaron Davidson, both 18, from Newtownabbey, County Antrim, died in what the judge described as a “wholly avoidable tragedy”.
Mr Justice Weir told Mr Brown that his “cavalier attitude” to the dangers of carbon monoxide was reprehensible and impossible to comprehend.
An investigation by the HSENI and the police service of Northern Ireland into the incident revealed that there had been a failure to properly secure a join in the flue system, which allowed carbon monoxide to leak into the apartment in Castlerock where the teenagers were staying.
A section of the flue was completely separated, while the collar between two sections of the flue was not secured with screws to hold the joint in position.
While Mr Brown made the case that he did not personally install the boiler and flue, he accepted the supply and installation of the heating system was his responsibility. He was sentenced to two years in prison and two on licence.
He also admitted 19 other charges including health and safety breaches relating to work undertaken at the apartment in Castlerock, as well as defective workmanship carried out by both him and his employees in and around the greater Coleraine area.
He was fined £19,000 for the further breaches and given a year to pay the penalty.
Following the sentencing detective chief inspector Rachel Shields, said: “Two young men, Aaron and Neil, who had their whole lives in front of them, died tragically from carbon monoxide poisoning in a flat, in Castlerock, in August 2010.
“While the judge in giving the sentence today acknowledged all of the circumstances surrounding the incident; no sentence will ever bring Aaron or Neil back. It is an extremely difficult day for Aaron and Neil’s families and I would like to thank them for their relentless bravery and the unequivocal support that they gave to all the various stages of this extensive investigation.
“The Police Service of Northern Ireland worked extremely closely with the Health and Safety Executive NI’s gas safety inspection team, its major investigations team and its scientific services unit throughout and it was only through the combined efforts of everyone that this case was brought before the courts.
“The families of Aaron and Neil have and continue to, highlight the issue of carbon monoxide poisoning. It is an issue that all households should be aware of and I would remind service providers who work with installing heating systems or maintaining heating systems of the legal requirements and responsibilities that govern this area of business.”
HSENI’s Louis Burns said:”The tragic and untimely deaths of Neil and Aaron from carbon monoxide poisoning serve as a potent reminder of the dangers this deadly gas poses.
“Our deepest sympathies remain with the family and friends of Aaron and Neil at this very difficult time. Our thoughts are also with Mathew Gaw who was seriously injured in this terrible incident.”
“Today’s sentencing is the culmination of one of the biggest and, at times, complex investigations ever undertaken by HSENI and we’d like to thank our colleagues in the PSNI’s criminal investigation department for their support.
“The case should serve as a warning to anyone working on gas appliances and systems that by law they must be on the Gas Safe Register – and have the correct qualifications and competence for the work they are carrying out.
“Gas Safe registered engineers must carry ID cards which provide proof of their technical expertise for all the appliances they are legally qualified to work on. It is also essential that when installing gas appliances, systems or flues that they follow the manufacturer’s instructions.”
Mr Brown pleaded guilty to breaching article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978 (HSWO), regulation 3(1), 3(2), 27(1) and 33(1) of the Gas Safety (Installation and Use) Regulations (Northern Ireland) 2004 in relation to the premises at Castlerock.
He also admitted other health and safety breaches under article 5(1) of the HSWO relating to 14 other premises.
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