A GARDA sergeant who examined an SUV that crashed claiming the lives of two children said yesterday he had no power to “compel” its manufacturers to assist in examining the electronic engine-control unit in the vehicle.
Sgt Seamus Walsh, a PSV inspector who examined the Hyundai Santa Fe, which was being driven by Vera Murden (40) when it crashed, was cross-examined at Dundalk Circuit Criminal Court on the possibility of defects in the vehicle.
Ms Murden, of Fatima Court, Dundalk, Co Louth, pleaded not guilty to dangerous driving causing the deaths of siblings Jenna (4) and Jayden Murden (1), her niece and nephew. They were among five children travelling with her when the SUV crashed into a wall in Dundalk on January 31st, 2009.
The court had already heard there were no booster seats, car seats or seatbelts used in the back of the vehicle where four of the children, including the deceased, had been sitting.
Giollaiosa Ó Lideadha, defending, said it was the contention of the defence that a fault could have caused the engine to accelerate out of control, and the defence wanted to examine the electronic control unit. This was because it could show a defect that could cause an unexpected and undesired burst of excessive speed and it was possible that a record of such a defect could be on the control unit, he said.
The court also heard that to carry out such an examination would require special software and a trained technician, and any fault code may not be dated.
Sgt Walsh was told by the representatives for Hyundai in Ireland this was not possible because to power up the vehicle (to access the electronic unit) “would constitute a fire hazard”. The company also said any fault code of an apparent defect stored on the unit, if one was found, was likely to have been caused as a result of the crash rather than be present before it.
Mr Ó Lideadha alleged that it seemed the company accepted that, although there was not likely to be useful information on the control unit, it was possible there might be, and he put it to Sgt Walsh that this was worth following up with the company.
Sgt Walsh said, “I’m not in a position to compel Hyundai or any manufacturer. I am at their mercy when I require their assistance.”
The prosecution case has concluded; the trial will resume before Judge Michael O’Shea next week.