Causeway Coast and Glens council admits responsibility over binman's death

The local authority, with headquarters at Cloonavin on the Portstewart Road in Coleraine, was due to go on trial on Wednesday at Antrim Crown Court facing three health and safety offences but with relatives of John Winton sitting in the public gallery, defence KC Frank O’Donoghue asked for count one to be put again.

Confirming that he had the authority to appear on behalf on the council, Chief Executive David Jackson formally entered a guilty plea that on November 6, 2018, “being an employer, failed to ensure, so far as was reasonably practicable, the health, safety and welfare at work of all your employees.”

Following the admission, prosecuting KC Bara McGrory asked for two further offences to be “left on the books,” an application which was granted by Judge Roseanne McCormick KC.

The charges arise following the tragic death of 51-year-old father-of-two Mr Winton who passed away after he was struck by the bin lorry he was working on in November 2018.

The bin man, who was also a retained firefighter at Limavady Fire Station, died after a road traffic collision at Mount Eden in Limavady at around 7.30am.

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After Mr Jackson made the admission of guilt, Mr O’Donoghue told the judge the council “wish to apologise publicly for the circumstances that lead to this tragic death” although he conceded that Mr Winton’s grieving family “may find it somewhat belated”.

He emphasised however “there were a number of complex issues in this case” and Mr McGrory confirmed that having spoken to the family who were at court, “the plea is very welcome”.

"It is of enormous relief, albeit maybe they would have preferred it coming sooner, but I can see it is of visible impact and relief to the family,” the senior barrister told the court.

Judge McCormick said she had already at a previous hearing “expressed my sympathy to the family” but added that she would welcome and give consideration to any victim impact statement put before her.

Adjourning the case to May 23, she said she hoped to have the case completed and concluded within the month.