A High Court judge said yesterday he would allow work to continue on the Zoe Developments Ltd site at Charlotte Quay, Ringsend, Dublin, subject to the company continuing to comply with an agreed health and safety plan.
Mr Justice Kelly warned that failure to comply with the plan would place the company in contempt of court and leave it open to severe penalties, including having its assets sequestered.
Last week the judge summoned Zoe's controller, Mr Liam Carroll, before the court where he told him he was "a disgrace to the construction industry" and described the company as "a recidivist criminal".
He warned Mr Carroll, of Sycamore Road, Mount Merrion, that he would close down every site he had if he failed to comply with his obligations under the Health and Safety at Work Acts.
Under prompting from the judge, Mr Carroll offered to make a £100,000 donation to charity, which the judge directed would be paid to the St Vincent de Paul night shelter at Back Lane, Dublin, and to Temple Street Children's Hospital.
The case was adjourned until yesterday to allow the National Authority for Occupational Safety and Health to monitor implementation of a health and safety plan for the Charlotte Quay site agreed between Zoe Developments and the authority.
The plan was placed before the court last week after Mr Justice Kelly stopped work at the Zoe site at Charlotte Quay. The closure was directed after the judge was told a young construction worker, Mr James Masterson, had died there and following evidence of 13 breaches of health and safety regulations at the site.
The court was also told Zoe Developments had 12 previous convictions for breaches of health and safety regulations at other sites.
In court yesterday, Mr Feargal Foley, counsel for the National Authority, asked that the court continue the order allowing the Charlotte Quay site to remain open on condition of compliance with the health and safety plan.
He asked that the matter be adjourned indefinitely with liberty to apply.
Addressing counsel for Zoe Developments Ltd, Mr Justice Kelly said he would like the company to be made aware of the situation and of the consequences of failure to comply with the court order. He directed that the order of the court allowing work to continue on the Charlotte Quay site would remain in effect subject to compliance with the health and safety plan. He awarded costs to the National Authority.
