Bail refused to lorry driver in fatal Monaghan collision case

A lorry driver, charged with dangerous driving causing the death of a 37-year-old Monaghan mother of two in a fatal accident the week before Christmas, has been denied bail and remanded in custody to appear in court again on February 26.

Ion Bucurica (56), a Romanian national with an address at Avenue Victor Hugo, 33110 Le Bouscat, Bordeaux, France, appeared before Judge Raymond Finnegan at Monaghan District Court last Monday, January 12, when an application for bail was made on his behalf.

Emma Mackarel from Clones, Co Monaghan, died in the collision that occurred at about 8am on the morning of Thursday, December 18, on the N2 at Mullaghnee, Annalitten, outside Castleblayney.

Inspector Damian Martin said gardaí were objecting to bail, while the prosecuting officer, Garda Niamh McColgan, gave a detailed outline of the reasons for those objections.

If convicted, the defendant faces a prison sentence of up to 10 years, or a fine of €20,000, or both, Gda McColgan noted.

There was also a possibility of further serious charges.

Gardaí believed that the defendant had no ties with this jurisdiction and that he may to return to France where his family reside. He worked as an international lorry driver and was considered by gardaí to be a flight risk.

Insp Martin confirmed that this was the main concern, together with what he described as a lack of co-operation from the defendant in terms of clarifying the ownership of the articulated lorry.

Solicitor Roisin Courtney said she had received details from a solicitor representing the vehicle’s owners in relation to its log book and tax.

She also pointed out that Mr Bucurica’s wife, son, nephew and sister had travelled from France and were in court.

Ms Courtney said her client was more than co-operative with the gardaí and also more than remorseful. It was out of a mark of respect for the deceased lady’s family that a bail application had not been made until this time.

He would be happy to go back to France if allowed and pledged to return for every court date.

Alternatively he could take up residence in Ireland, as he had a job, and his family were willing to move here in the meantime. He could also hand over his travel documents.

Mr Bucurica himself, when asked by Ms Courtney about the fears that he would abscond if given bail, said he would not do anything that would make his situation worse.

Ms Courtney also told the court she had just been texted a potential address in Wicklow from her client’s employers.

But Judge Finnegan said he was satisfied that the defendant had “absolutely no ties” to the State. Gardaí would not be able to check out the validity of an address before the end of the court sitting, and while the defendant seemed to be “a very decent man”, he was refusing bail.

Mr Bucurica was remanded in custody to appear again on February 26 for DPP directions.