Inquest hears at least six people were found in bins last year as homeless man died after being crushed in waste truck

No foul play detected in death of Derek Kearney, garda tells inquest

An inquest into the death of a homeless man who was crushed in a waste-collection truck has heard that people taking shelter in commercial bins is a common problem for refuse collectors.

Derek Kearney (36), originally from Finglas, was pronounced dead on September 27, 2024, after his body was discovered by workers at the Panda waste-management facility on Ballymount Road Upper, Dublin 24.

Giving evidence at Dublin District Coroner’s Court on Friday, Panda Waste environmental, health and safety manager Joe Nicholson said people seeking shelter in large commercial bins was an issue encountered nationwide.

“Unfortunately, it is common nationwide,” Mr Nicholson said.

He told the inquest that at least six people had been discovered in bins before they were emptied into waste-collection trucks across the country last year.

The court heard that a post-mortem examination found Mr Kearney, who was also known as Derek Byrne, had died from multiple traumatic blunt-force injuries to his head and chest after being crushed.

Toxicology results showed the presence of cocaine, alongside therapeutic levels of other drugs, including methadone and Xanax. However, coroner Claire Keane said the substances had not directly caused his death.

Dr Keane said Mr Kearney may have been asleep and unaware of what was happening around him.

The inquest also heard that DNA testing was required to positively identify his remains because of the extent of his injuries.

His body was discovered suspended from a bucket used to move waste around the facility at approximately 6am.

Panda employee Alex Scortanu told the inquest that when he first saw the body, he believed it was a mannequin because of the whiteness of the skin.

“I could not believe it was human,” Mr Scortanu said.

Detective Sergeant Ann Byrne told the court that a full garda investigation had found no evidence of foul play in connection with Mr Kearney’s death.

Det Sgt Byrne revealed that Mr Kearney had been granted temporary release from Wheatfield Prison in Clondalkin just two days before the incident.

Although accommodation had been arranged for him at a homeless shelter, the detective said he had not used the facility.

Gardaí were unable to establish where the bin containing Mr Kearney had been emptied into a waste-collection vehicle.

Det Sgt Byrne explained that cameras fitted to the rear of the trucks could not provide a clear view because the bin lids obscured them as the containers were tipped into the vehicles.

Investigators also examined CCTV footage from various locations along the routes travelled by six bin trucks identified as potentially being involved in the incident. However, the footage provided no further information.

The detective confirmed that Mr Kearney had not made his own way to the waste-management facility.

The inquest heard that Mr Kearney collected his social welfare payment on the morning of September 26, 2024, accompanied by another individual. They subsequently travelled to Oliver Bond flats in the city centre, where gardaí suspected they had purchased drugs.

He was later seen at several locations around the city centre, including the Lighthouse cafe on Pearse Street.

Mr Kearney also attended the National Drug Treatment Centre on Pearse Street. However, he was not given medication because staff considered him intoxicated and instead encouraged him to return the following day.

His last known sighting was captured on CCTV at 4.52pm on September 26, 2024, when he unsuccessfully attempted to board a bus on O’Connell Street.

Det Sgt Byrne said gardaí had made enquiries with people attending soup kitchens and homeless shelters to establish whether anyone had been in contact with Mr Kearney after that time. No further information was obtained.

Another witness, Daryl Corrigan, who had been released from Wheatfield Prison at the same time as Mr Kearney, told the inquest that the deceased had spoken about going to sleep on the grave of his late girlfriend, who had died four years earlier.

Mr Corrigan, who had never met Mr Kearney before, said he appeared sad but had not spoken about any other plans.

Trevor Ryan-Nesbitt, an inspector with the Health and Safety Authority, told the court that an investigation into the death had identified no breaches of workplace health and safety legislation.

He confirmed that the circumstances did not warrant a criminal prosecution.

Mr Ryan-Nesbitt also said refuse collectors had not noticed anything unusual about the weight of any commercial bins loaded onto trucks that night.

He explained that Panda had a policy requiring staff to carry out visible checks on commercial bins before they were lifted onto waste-collection vehicles.

Responding to questions from the coroner about the company's procedures, Mr Nicholson said thermal imaging technology at the Ballymount facility was designed to detect potential fires rather than people.

He expressed doubt that the equipment could be adjusted to identify individuals, explaining that vehicles and other machinery could trigger alarms if the temperature settings were lowered.

However, Mr Nicholson said Panda was exploring the potential use of artificial intelligence technology to identify people inside bins as they were emptied into waste-collection trucks.

He added that Panda employees, whom he described as being at the “coalface” of the issue, received training on carrying out visual inspections of bins, particularly during colder weather.

Following the evidence, a jury comprising six women and two men returned a verdict of death by misadventure.

The jury also recommended “more investment with a sense of urgency in health and safety” by waste-collection companies to help detect people inside bins.

It said companies should consider installing additional cameras on bin trucks and fitting locks to bins to prevent people from climbing inside.

The coroner said she would notify the relevant companies of the jury's recommendations.

Dr Keane also offered her condolences to Mr Kearney’s family, acknowledging that the inquest had involved “traumatic and very difficult evidence”.