Court case recalls lorry collision in Kingscourt

The driver of a lorry that careered into the kiosk of a filling station in Kingscourt almost two years ago and the company he was driving for on the occasion were cleared of substantive charges when both pleaded not guilty to offences at Virginia District Court. William Coleman, Stonewall, Bailieboro, the driver, was cleared of dangerous driving and exceeding the laden weight of the lorry at Lower Main Street, Kingscourt, on May 27, 2008. T. L. C. Transport limited, Drutamy, Bailieboro, was cleared of having a defective vehicle and exceeding the maximum laden weight on the same occasion. However, they were ordered to donate €500 to Bailieboro Cancer Fund and pay €850 costs by April 16 for having no merchandise licence on the same occasion. Sharon Sheenan said she was dropping her son to a youth club in the town when she saw the lorry collide with the kiosk in the filling station. Sergeant David Burke contacted her and she made a statement. She didn't see who was driving the lorry at the time. Garda Sinead Hoey said she attended the scene at 5.30pm. The front of the lorry was lodged in the kiosk. It was a dry evening and the road was also dry. She took details from a number of witnesses. The driver of the lorry received minor injuries. The lorry was moved and Garda Hoey obtained the tachograph. Tom Conway identified himself as being the owner of the vehicle involved in the accident. The lorry was towed away at about 10.30pm to a secure yard. Later the lorry was weighed. Garda James Egan, PSV inspector, said he examined the lorry on May 31, 2008, in the premises of Ed Sheridan. There was extensive damage to the front of the lorry and he could not take it for a road test. The brake line to the rear axle was extensively worn. There were also two excessively worn tyres. It was Garda Egan's belief that a combination of excessive weight and the ware on the brake line resulted in "brake fade". There was some pressure on the brakes but it was not making a full impact on the drums. "If the driver didn't inspect the lorry himself, he would not have been aware of the defect." Cross-examined by Adrian Kelly, solicitor for Mr. Coleman, Gda Egan said two factors caused the accident - the brakes and over loading. "If the brakes were in full working order, the lorry would have stopped in time." Shay Duffy, a DOE inspector and a mechanic since 1991, said he examined the lorry on September 10, 2009. As far as he was concerned, there were at least two or three months left on the brakes on the lorry. "They were not excessively worn." The rear axle would have passed any DOE inspection. "The quality of brake lines were not the cause of brake fade." If there had been ABS on the lorry, it would have prevented the accident. It was similar, he said, to the accident outside Navan involving the school bus, if there had been ABS on the bus the accident would not have occurred. Cross-examined by Inspector Ray McMahon, Mr. Duffy said he examined every one of the axles on the lorry. The brake pads would have passed any DOE test, he contended. Despite the fact it was carrying an excess load, the brakes should have worked, said Mr. Duffy. "You cannot explain what happened on he occasion." Judge Sean MacBride was satisfied that the brake lines would have passed a DOE test on the date of the accident and they were not a contributory factor to the accident. They failed suddenly for no explanation and the driver attempted to avoid the accident and did everything he could. "He did great work." It would be unfair to convict him of dangerous driving and Judge MacBride was dismissing the offence. One month prior to the accident, the company had the lorry serviced and works were carried out to the brakes. There was no prior warning of brake failure prior to the accident. He was dismissing the defective vehicle and exceeding the maximum laden weight summonses against the company. However, there was a plea to merchandise licence offence and he would give the company credit for the plea. If the company made a charitable donation of €500 to Bailieboro Cancer Care and paid €853 costs by April 16, he would mark the facts proved and dismiss under the Probation Act.