There will be no prosecution of the over-the-limit driver of an earth-moving machine, which caused the death of a Kerry County Council foreman, an inquest has been told.

The jury of seven returned a verdict of accidental death in accordance with medical findings of multiple injuries at the inquest in Killarney yesterday.

Timothy Morley, who was working on a road-widening project near the Moll's Gap beauty spot at the Ring of Kerry, was wearing a high-visibility jacket when he was crushed to death under the wheels of the machine.

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The case was referred to the DPP who decided no prosecutions were to arise from the incident.

Garda John Cronin told the inquest that the driver of the 23-tonne machine was over the drink-drive limit. The Caterpillar digger machine was contracted by the council from Healy-Rae plant hire and driven by a Healy-Rae employee, who failed a breath alcohol test on site, as well as a urine alcohol test three hours after the accident.

Coroner Terence Casey said the driver had not been prosecuted and this was outside the remit of the inquest. He said as a coroner he was not in a position to explain the DPP decision.

Mr Casey recommended that all contractors should enforce the rule that no-one should go within twice the length of a machine without the driver's consent; and that all large earth-moving machine should be fitted with reversing cameras.

(VB/JM)