County Antrim man and company face trial over golf ball dive death
A North Antrim man and his company were today ordered to stand trial accused of health and safety offences arising from the death of a diver in a golf course lake.
Appearing at Antrim Magistrates (Departmental) court, sitting in Ballymena, 38-year-old Tom Kieran Best confirmed he was aware of the charges against him and also that as a director, he was authorised to appear on behalf of Golf Balls NI.
Golf Balls NI and it’s sole director, both with an address on Woodtown Lane in Coleraine, face four charges each arising from the incident on 26 October 2021 at the Hilton Hotel in Templepatrick.
Mr Best is charged that being a director, he failed to conduct his business “in such a way as to ensure, so far as was reasonably practicable, that persons not in their employment who may be affected thereby were not thereby exposed to risks to their health or safety, and you consented to, connived at, or did not exercise all such reasonable diligence as you ought in the circumstances to have exercised to prevent the offence.”
The other three charges relate to alleged breaches of diving at work regulations in that he failed to furnish a diving plan, failed to plan a diving project and failed to comply with diving regulations.
The defendant company Golf Balls NI faces accusations of failing to ensure the health, safety and welfare of non-employees and three similar breaches of diving regulations.
None of the alleged facts were opened in court today but it was reported at the time that emergency services were tasked to the scene at the Hilton Hotel in Templepatrick following reports that a man had entered the water that Tuesday afternoon.
It is understood the man, aged in his 50s and who has not been named, had been diving for golf balls in the golf course lake as part of a charity fundraising initiative.
The NI Air Ambulance was also tasked to the area but no one was taken from the scene.
A hotel spokesperson said: "We were very saddened to learn of the fatality in our grounds and we assisted the emergency services, when needed, yesterday. Our thoughts are with the bereaved family at this difficult time."
In court today a prosecuting lawyer submitted there was a Prima Facie case against Mr Best and his company, a submission which was conceded by defence solicitor Garrett McCann.
Although offered the opportunity as per his rights, Mr Best declined to comment on the charges or to call evidence on behalf of either himself or his company.
Returning the case to Antrim Crown Court, District Judge Nigel Broderick freed the defendant on his own bail of £500 with the arraignment scheduled to be heard on 12 September.