Letterkenny Circuit Court has heard how a construction worker died when he was struck by a concrete manhole cover that he was loading on to a digger.
Francis Callaghan died on the construction site in Forquar, Milford on January 8th, 2010.
A colleague of the dead man appeared at Letterkenny Circuit Court charged with three charges of negligence under the Safety and Health at Work Act 2005.
Site foreman Owen Curran of Lower Dore, Bunbeg, 67, has pleaded not guilty to the charge.
The court heard how Mr Callaghan of Shanagh, Fanad had been placing concrete manhole covers onto a digger when the tragedy occurred. When he was lifting the last cover, it fell on him, and he died a short time later.
The driver of the digger, Dermot Boyce of Knockbrack, Kerrrykeel, has already pleaded guilty to a number of related charges.
Defence Barrister Peter Nolan told the court it was accepted that no safety pin has been placed on the bucket to connect it to the digger.
The safety pin was later found in the cab of the digger being driven by Mr Boyce.
The accused man said he did all he could to help lift the 5ft by 5ft concrete manhole from the victim.
The developer of the site PJ Doherty of Carndonagh said he understood that as site foreman, Mr Curran was responsible for the health and safety on the site. However defence Barrister Peter Nolan said that Mr.Curran’s name was not mentioned under any correspondence with the Health and Safety Authority.
The case continues.