Accountability and answers needed after damming verdict returned at inquest into the deaths of Bray Firefighters

Wicklow Sinn Féin County Councillor John Brady was welcomed the unanimous decision of the jury at the coroners court who returned narrative verdicts into the deaths of Brian Murray and Mark O’Shaughnessy who died whilst tackling a blaze in Bray on 26th September 2007. The damming verdict of Wicklow County Council was returned after 17 days of evidence, but answers are still needed from senior officials in Wicklow County Council as to why they refused to cooperate fully with the HSA and the Gardaí and why they refused to answer 1300 questions that were put to them.

After the verdict was returned Cllr Brady stated “I fully welcome the Narrative verdict which was unanimously returned by the jury at the inquest into the deaths of Bray firefighters Brian Murray and Mark O’Shaughnessy. After listen to the evidence over 17 long days the coroner allowed them mention the risk factors that caused or contributed to the circumstances relating to the men’s deaths. I still however believe that Senior Officials in the County Council have serious questions to answer around the management, operation and handling of the fire service prior to the men’s deaths and their lack of cooperation in the subsequent Health and Safety Authority and Garda investigations”.

Councillor Brady continued “In 2005 the late Brian Murray and other fire fighters staged a walkout of Bray Fire station; this was an attempt to get series issues of concern in the fire service addressed by Wicklow County Council. On that day in 2005 I was to only councillor to meet the men and listen to their serious concerns. The damming verdict returned by the jury late on Friday, found that Wicklow County council had failed to maintain the vital communications systems in Bray and Greystones fire stations. They further found there was an absence of specific instructions relating to Pre-Determined Attendances (PDAs) as to how fire fighters should respond to a series of given situations. These are just some of the issues that Brian Murray raised with me and senior officials in Wicklow in 2005. These issues were ignored when I raised them at council level and ultimately became contributory factors in the deaths of both Brian Murray and Mark O’Shaughnessy 2 years later”.

Cllr Brady went onto say “The verdict has upheld the good names of both Brian and Mark who paid the ultimate sacrifice whilst serving their community. It has been very difficult sitting in the coroner’s court over 17 days listening to the council trying to effectively blame the 2 men for their own deaths. Both families and I have been vindicated in our views that the men’s deaths were not a tragic accident, but as a result of the systematic failure of the system and those that presided over it in Wicklow County Council. I believe Wicklow County Council must now apologise to the families of Brian and Mark for the men's deaths. It was difficult for the families to listen to the evidence heard at the inquest over the 17 days. It was very detailed and painful for them to relive those terrible days, however it was remarkable to hear that whilst Brian and Mark were lying in the morgue on the day after the fire the County Manager Eddie Sheehy organised a big dinner for himself along with the then Chief Fire officer James Dunphy, Director of Services Bryan Doyle, senior council official Tom Murphy and the Senior Assistant Fire Officers Joanne O'Connor and Tadgh O'Shea in the Druids Glen. It appears that getting their story straight over remorse or compassion was their priority in the aftermath of the mens deaths".

“What we need now is accountability, 2 men are dead and the Wicklow County Manager, Eddie Sheehy, the man that presided over the system that allowed them to die must ultimately be held to account. I believe he had not only failed to cooperate fully into the investigation that led to the need by the Gardaí to raid the County Buildings he has also brought the fire service and Wicklow County Council into disrepute. He needs to explain why he and others arrested as part of the investigation refused to answer over1300 questions that were put to them. The people of Wicklow have no faith or confidence in him nor the remaining Senior Assistant Fire Officers Joanne O’Connor and Tadgh O’Shea who were also arrested and presided over the flawed system that allowed the men to die in 2007. For accountability and confidence to be restored these three need to be immediately removed from their positions” continued Brady

The Sinn Féin councillor concluded “The jury found the Council, following the purchase of a new fire tender in 2007, had failed to follow up “with appropriate training for all firefighting personnel” in the use of the Compressed Air Foam System (CAFs) which was on the new tender. In the case of the death of Mark O’Shaughnessy, the jury held specifically that he had received no CAFs training whatsoever. The Chief Fire officer for Wicklow at the time of the men’s deaths James Dunphy has subsequently retired on what I would imagine is a substantial pension. This is an unbelievable situation that the people that put fire fighters on the front line to tackle serious fires with both hands tied behind their backs and ultimately die are rewarded with golden handshakes. There is something rotten with the system that allows that. We need to learn from the deaths of Brian and Mark and never allow them happen again, people need to be held to account and not rewarded for their incompetence and failures”

Wicklow Councillors shamefully break commitments given to families of Bray Firefighters

Wicklow Sinn Féin County Councillor John Brady has hit out at Councillors from across Wicklow for shamefully making false promises to the families of the two Bray Firemen, Brian Murray and Mark O'Shaughnessy who died in a blaze in Bray in 2007 and for letting them down by not turning up as promised, to the inquest into the men's deaths that resumed in the Coroners court on Thursday last.

The councillor who has been present at the coroners court since the outset said "I am very disappointed that not one other councillor from Wicklow made the effort to attend the coroners court to hear the evidence at the inquest into the deaths of Bray firefighters Brian Murray and Mark O'Shaughnessy. The inquest resumed on Thursday last after being adjourned on March 6th. The inquest was adjourned and a lot of focus had been placed on a canister that had appeared in some of the pictures at the scene the day after the fire that weren't pictured at the scene by the Garda Forensic Unit on the day of the fire".

Cllr Brady continued "A subsequent special meeting of the County Council was called and was held on Monday 14th March to discuss the issue and the new evidence that had been heard at the inquest. Unfortunately after a circling of the wagons again on the issue by Fianna Fáil, Labour and Fine Gael and the pandering by the chairperson of the Council Jimmy O'Shaughnessy to the officials of the council the discussion was shut down and kicked to touch. However councillors from across the political spectrum stated in front of the families of Brian and Mark who attended the council meeting, that they would attend the Coroners court when the inquest resumed on 1st May. They were falling over each other on the issue saying that they couldnt talk about it at the council meeting but would attend the inquset to listen to the evidence of members of the Garda Forensic Unit and also the councils so called expert witness Michael Slattery, would carried out a report on the incident on behalf of the council".

"However quite surprisingly, not one councillor from any other party apart from myself bothered to attend when the inquest resumed. Is it any wonder people are so cynical of politicians and the promises they make. The deaths of Brian and Mark was a black day for Bray and Wicklow, not only did we loose two brave firemen, Wicklow County Council lost two employees. The councillors elected to Wicklow County Council are elected to represent all the people of Wicklow, they gave a commitment to the families after refusing to debate this serious issue on 14th March to attend the court and listen to the evidence, they unfortunately have broken this promise and have let both families down". continued Brady.

The Wicklow councillor concluded by saying "I urge the Councillors who claim to be representing the people of Wicklow to start doing so. Its not good enough to make false promises, or are they taking a leaf from the book of Pat Rabbitte who seems to think that making false promises is the type of thing you do around election time. These so called public representatives need to put the interests of the citizens of Wicklow ahead of their own reelection campaigns. I'm asking them to put aside a couple of days of their canvassing to attend the coroners court over the next week when the inquest continues".

Wicklow County Council to hold special meeting to discuss important evidence presented at Bray firefighters inquest

A special meeting of Wicklow County Council has been called to discuss the  new evidence that has been heard at the inquest into the deaths of Bray Firefighters Brian Murray and 

Mark O'Shaughnessy. The meeting will take place this Friday 14th March at 11am.

Sinn Féin Councillor John Brady who supported the call for the meeting said "A number of Councillors have come together and called the special meeting of Wicklow County Council to discuss issues relating to the inquest into the deaths of Brian Murray and Mark O'Shaughnessy who died tackling a blaze in Bray in 2007. At the inquest on Thursday last critical new information can to light regarding a can the council and their fire consultant Michael Slatterty claim was found in the building, they claim it was the most probable cause of the two men's deaths. The Gardaí interjected at the inquest and showed pictures taken on the day of the fire that clearly show that there was no such canister present."

Brady continued "It is important that the council meeting takes place. In November of last year Michael Slattery presented his report to the council and at that stage i was very critical of it. However in my opinion that report which cost €53,777 has been totally discredited in the coroners court and answers are needed. We need to find out who moved or put the can in the sealed off building and why. The tampering or placing of evidence appeared to have happened sometime between the Gardaí leaving the premises on the 26th September 2007and the entering of the building the following day by Michael Slattery and 3 officials from the council ."   

Cllr Brady concluded"We need to see a full Garda investigation into this incident, but i will also be pushing for an independent investigation to be carried out. I will also be proposing another no confidence motion in the Wicklow County Manager Eddie Sheehy due to his mishandling of the fire service over many years. I think its important that all councillors are given the opportunity to examine their own conscious and why they voted to support the manger at the last vote in November. I believe they done so on the back of a dubious report that had been presented to them by Michael Slattery which implied that Mark and Brian where in the wrong place at the wrong time and nobody could have foreseen the explosion that happened due the the canister. This theory has now been totally discredited as it has been shown that the can wasn't present where the council and Slattery claim it was. These councillors have no choice but to vote no confidence in the County Manager and to seek a full Garda investigation into the matter."

Gardaí need to investigate if evidence was tampered with at scene of fire that killed Bray Firefighters-Brady

Wicklow Sinn Féin Councillor John Brady has said there needs to be a full Garda investigation to establish the facts of how a five litre tin that may have contained a flammable liquid was mysteriously found at the scene of the fire at Adelaide Villas in Bray that Killed firefighters Brian Murray and Mark O’Shaughnessy the day after the fatal fire on September 26^th 2007. The Forensic Crime Scene Investigation Unit from the Gardaí carried out a full search of the scene immediately after the fire on the 26th and no can was photographed at the locating it was subsequently found.

Speaking after leaving the inquest into the deaths of Brian and Mark which was adjourned on Thursday Councillor John Brady said “There was a dramatic turn of events on Thursday at the inquest into the deaths of Bray Firefighters Brian Murray and Mark O’Shaughnessy when evidence was shown that a can mysteriously appeared at the scene the day after the fire. The significance of this is huge as Wicklow County Council and their experts say it possibly contained a liquid and may have expanded during the blaze, creating vapours that blew off the screw top cap, causing an explosion, resulting in a fireball which incapacitated the men and led to their deaths.”

“Once the fire was extinguished on the 26^th September at about 3pm the Crime Scene Investigation Unit from the Gardaí entered the burnt out premises at Adelaide Villas and photographed the entire area. The scene was then secured and released at about 6.30pm. The following day Michael Slattery of Slattery and Associates of Dublin who was engaged by Wicklow County Council to investigate the fire entered the sealed building with Wicklow fire officials, then Chief Fire Officer, Jim Dunphy, and two senior assistant chief fire officers, Joanne O’Connor and Tadhg O’Shea. They photographed the interior of the building and the slightly singed can was mysteriously found on a pile of burnt debris, its lid lying beside it and contents label still legible.”

Brady continued “The Council and their experts have but huge emphasis on the presence of this can and Michael Slattery was paid in excess of €53,777 to draft a report which essentially shows how the can exploded causing a huge fireball and ultimately killing Brian and Mark.  At the inquest photos shown by the Gardaí that were taken on the 26^th September clearly show that there was no such can where the Council and Michael Slattery claim to have found it the following day.”

“Over the course of the inquest we have heard evidence about the manning levels in the fire service, radios not working, not enough fire tenders being dispatched, and the lack of training given to firefighters, recordings in the watch room at the fire station in Bray getting wiped from the system. However the dramatic evidence on Thursday relating to the can clearly calls into question the credibility of the Slattery report, his hypothesis on the can and its resulting effects.”

Cllr Brady concluded “The evidence clearly shows that the can mysteriously appeared sometime between 6.30pm on the 26^th September 2007 and the time the senior staff from Wicklow County Council and Michael Slattery photographed its presence the following day. This raises the following serious questions, who put the can there? Why did they put it there? The tampering of a crime scene is a serious offence and so too is the planting or fabrication of evidence. I believe the Gardaí must now investigate this to establish the answers to these questions and hold the person or persons responsible.”

Fianna Fáil and Fine Gael circle the wagons to protect the Wicklow County Manager

Wicklow Sinn Féin councillor John Brady has expressed disappointment that the motion of no confidence that he had tabled in the Wicklow County Manager Eddie Sheehy was rejected at yesterday’s special sitting of Wicklow County Council. The meeting was held to discuss the sentencing of the council on charges relating to the deaths of Bray fire fighters Brian Murray and Mark O’Shaughnessy.

Speaking after the meeting Councillor Brady said “Unfortunately it was proven yesterday that the majority of councillors in Wicklow have no backbones. I had tabled a motion of no confidence in the Wicklow County Manager Eddie Sheehy following the sentencing of Wicklow County Council in relation to the deaths of Bray fire fighters Brian Murray and Mark O’Shaughnessy. Under both the Local Government Act 2001 and the Fire Services Act 1981 the County Manager is ultimately responsible for the fire service”.

“Brian and Mark died under his watch and it’s us the tax payer that gets the slap on the wrist. The motion of no confidence was an attempt to install some level of accountability. Unfortunately the motion in the person with ultimate responsibility lost 14 votes to 7, the chairman abstained and 2 councillors never showed up”.

Cllr Brady continued “The old boys club of Fine Gael and Fianna Fáil circled their wagons around the manager Eddie Sheehy to protect him. I put forward very strong reasons based on existing legislation which is contained in the Local Government Act 2001 and the Fire Services Act 1981 why the council should have no confidence in him. However not one of the fourteen councillors who voted to support him could give a single reason why they have any confidence in him”.

Brady concluded “This is pothole politics at its best. The fourteen councillors that voted confidence in Eddie Sheehy only have the interests of him at heart, not the families of Brian and Mark or indeed the people of Wicklow all of whom have no confidence in him”

The motion was proposed by Councillor John Brady and seconded by Councillor Tom Fortune

"The members of Wicklow County Council no longer have confidence in the ability of the County Manager Mr Eddie Sheehy to administrate effective local government in County Wicklow".

Those that supported the motion: John Brady, John Snell, Barry Nevin, Tom Fortune, Tommy Cullen, Irene Winters, Nicky Kelly. 

The councillors that voted against the motion: John Ryan, Mick Glynn, Christopher Fox, Pat Vance, Derek Mitchell, Sylvester Bourke, Vincent Blake, Grainne McLoughlin, Pat Casey, Pat Doran,Edward Timmins, Jim Ruttle, Pat Fitzgerald, George Jones

Conal Kavanagh and John Byrne were absent and Jimmy O'Shaughnessy abstained.

Wicklow County Council to discuss motion of no confidence in County Manager in wake of sentencing over firefighters deaths

Wicklow Sinn Féin Councillor John Brady will table a motion of no confidence in County Manager Eddie Sheehy at a specially arranged meeting of Wicklow County Council to discuss the sentence handed down to the council in the Central Criminal Court on 25 October, in relation to the deaths of Wicklow fire fighters Brian Murray and Mark O'Shaughnessy.

Speaking ahead of tomorrow’s meeting Councillor Brady said;

“The County Manager was aware and presided over an organisation that had no regard for the health of safety of its employees; he also presided and still does over an organisation that vets emergency calls as a cost saving measure.

“Unfortunately in the court case we had a faceless organisation on trial for health and safety breeches.

“The book stops with Mr Sheehy, under sections 63 and 149 of the Local Government Act 2001, the County Manager has overall responsibility, direction and control of the operation of the County Wicklow Fire Service and I believe he has failed in his responsibilities.

“At this stage the families, the people of Wicklow nor I have any faith or trust in Eddie Sheehy and I am therefore tabling an emergency motion of no confidence at tomorrow’s specially arranged meeting and I hope to secure the support of my fellow councillors for that motion.

Text of Councillor Brady’s motion:

"The members of Wicklow County Council no longer have confidence in the ability of the County Manager Mr Eddie Sheehy to administrate effective local government in County Wicklow.”

The Law is an Ass that needs to be changed-Brady

Wicklow Sinn Féin councillor and long-time campaigner on the fire service John Brady has expressed disappointment at the sentencing of Wicklow County Council in relation to the deaths of fire-fighters Brian Murray and Mark O’Shaughnessy who died fighting a fire in Bray in 2007. He also said that imposing a fine on the taxpayer for the fundamental failures of the Wicklow County Manager is not justice and that the law is and ass that needs to be changed to ensure there is accountability.

Speaking after a fine of €355,000 was handed down to Wicklow County Council in the Dublin Circuit Criminal court councillor Brady said “The last six years have been very difficult for the families of Wicklow fire-fighters Brian Murray and Mark O’Shaughnessy. Both men died tackling a fire in Bray in 2007. I had put my faith in the court system in the hope that the heartbroken families would get some justice. I have never believed that the men’s deaths were a tragic accident, I believed and still do that the men died as a direct result of the antiquated, inefficient and flawed system that Wicklow County Council operated.”

“Unfortunately what we seen in the court was a figure of €355,000 being put on the lives of the two fire men. The fine will ultimately will be paid by the taxpayers of Wicklow. I believe the law is an ass that needs to be changed. The people of Wicklow should not be the ones that are penalised for the failures of the management of Wicklow County Council. The County Manager was aware and presided over an organisation that had no regard for the health of safety of its employees; he also presided and still does over an organisation that vets emergency calls as a cost saving measure. Unfortunately in the court case we had a faceless organisation on trial for health and safety breeches. I would have much preferred to have seen Eddie Sheedy on trial and ultimately held responsible and I think the law needs to be changed to ensure that there is real accountability. At this stage however the families, the people of Wicklow nor I have any faith or trust in Eddie Sheedy and he should be either sacked or resign and I will be tabling an emergency motion and I intend bringing it before the council to ensure that is the case.” 

The councillor continued “I must praise the Gardaí and the HSA for the work that they put into this case, however I believe their work was severely hampered by a lack of cooperation by Wicklow County Council. This resulted in the County Buildings being raided by the Gardaí on 23 February 2010. The County Manager Eddie Sheedy was also arrested as part of the investigation into the men’s deaths, as was the now retired chief fire officer Jim Dunphy and the assistant fire officers.”

“I think the courts and the State however have let the families of Brian and Mark down. We should have had a criminal trial of those individuals who presided over the flawed system the council operated at the behest of the State. Shortly after the deaths of Brian and Mark the then Minister for the Environment John Gormely stated that an independent investigation would be looked at when court proceeding concluded. That now needs to happen, as I believe a lot of evidence still needs to come to light.”

   

Brady concluded “On 9 October 2007, just after the deaths of Brian and Mark the Labour Party tabled a motion in the Dáil relating to their deaths. The motion expressed sympathy to the families of the men; it also called for an independent investigation into their deaths, it went onto call for the full implementation of Farrell Grant Sparks Report on the fire services. Key to this would see the control of the fire services removed from the control of local authorities and put into the remit of a National Fire Authority. The motion which was also supported by Fine Gael also called for the establishment of a full-time fire service in Bray. Sinn Féin and the families supported the motion at the time and I now call on them to follow through as they are now in a position to deliver.”  Ends

Statement from families after the sentencing of Wicklow County Council.

"The families are happy to see that legal proceeding of this trial coming to an end as the last six years have been very difficult, during which they received great public support of which they are very grateful for.

While welcoming the eventual guilty plea made by Wicklow County Council in relation to the charges, they were brought as a result of the deaths of Brian Murray and Mark O' Shaughnessy.

They are however disappointed with the leniency shown by the judge in relation to the fines.

But they do welcome the criticism of the management of the fire service in Wicklow.

In relation to the fines, the families do welcome the fact that the taxpayer doesn’t have to pay a hefty fine for the council’s shortcomings.

There are however unanswered questions surrounding the deaths of both Brian and Mark and the families believe that these issues will be addressed during the upcoming inquest and the family will release a more comprehensive statement on completion of the inquest.

The families at this stage do however repeat their call for a national fire service.” Ends

Here is an link to the Dáil debate on 9 October 2007

http://debates.oireachtas.ie/dail/2007/10/09/00018.asp#N2