A lift installation company that pleaded guilty to a breach of health and safety regulations following the death of a three-year-old child has not been fined.
Solomon Soremekun died after becoming trapped in a lift in Galway City in 2014.
Judge Rory McCabe said the technical breach to which Ennis Lifts pleaded guilty, had not caused or contributed to the boy's death.
The accident, which led to the death of Solomon, occurred in the Hynes Building in Galway city almost six years ago.
Solomon had been with his mother and siblings at the office of the Department of Social Protection when he became separated from his family.
He had managed to make his way to the lift area on the first floor where he fell into the lift shaft and became trapped there.
In court today, Judge Rory McCabe said the prosecution arose because a young child died while in a lift manufactured and supplied by Ennis lifts. The lift had been in operation for about 16 years.
A company director had earlier pleaded guilty on behalf of Ennis Lifts to a breach of health and safety regulations at Galway Circuit Criminal Court.
A technical investigation of the lift revealed that it had been constructed with a space that exceeded legal parameters.
During the full hearing last week, a spokesperson for the Health and Safety Authority said the gap could have been reduced and a lock fitted to ensure the lift door would not open between floors. These measures had not been put in place.
Judge Rory McCabe said that in the absence of blame attached to Ennis Lifts he had no basis for determining where this offence stands on the scale of gravity.
He asked how could he assess whether a fine of €100 or €100,000 was just and fair. On the evidence, he said he felt constrained to simply note a plea of guilty and find the facts proven.
Behind all of this, he said, there lies a human tragedy, a lost life and a grieving and traumatised family. He said no parent expects to have to bury a child. The situation, he said, could hardly be described as satisfactory.
Lawyers representing the family of Solomon Soremekun say they intend to pursue a civil claim in relation to the child's death.
Meanwhile, in a statement issued on behalf of Ennis Lifts, the company said its thoughts and condolences were with the family of Solomon Soremekun and that all those working in the installation and maintenance of lifts must now review the detail of this incident to ensure such events are never repeated.