Charge againstbus driver struck out

A charge of careless driving against a bus driver was struck out by Judge Leo Malone at Waterford District Court yesterday in a case which had been previously adjourned "six or seven times".

James Fowler, of Passage East, Co Waterford, was the driver of a single-deck Bus Éireann bus on the quay in Waterford on October 6th, 2004, when the vehicle mounted the pavement and crashed into a lamp post near the Clock Tower.

Eyewitness Simon McAuley told The Irish Times he had been walking on the pavement with his three-year-old son when "the bus just came forward like a rocket, but thankfully the pole stopped it". There were no fatalities, but following the incident 20 people were taken to Waterford Regional Hospital and treated for shock and minor injuries.

His solicitor, Graham Farrell, had claimed that the incident was the result of a "power surge" in the bus and had written to Bus Éireann requesting detailed maintenance records for the bus and other information regarding other alleged incidents involving similar buses.

At an earlier court hearing on October 13th last, Judge Malone had ordered this information to be made available to the defence. Mr Farrell said that his client would be "hugely" prejudiced if this information was not provided to the court.

However at yesterday's hearing, State solicitor Frank Hutchinson told the court that the prosecution could not respond in full to such a wide-ranging disclosure order.

The judge then struck out all the charges against Mr Fowler, who was in court with his wife, Margaret.

Speaking after the case, Mr Farrell said that Mr Fowler, who had "36 unblemished years experience as a bus driver" and has since retired from Bus Éireann, was "very pleased that the ordeal is over".

A spokeswoman for Bus Éireann said "Bus Éireann provided all relevant information requested" and that "the bus underwent a 'DoE' roadworthiness test subsequent to the accident, passed and was returned fit for service but is not currently in service". She said the company was still compiling an "internal report" into the circumstances and cause of the accident.

Fine Gael chief whip Paul Kehoe TD has called on Bus Éireann to publish the internal report. Those who depend on public transport were entitled to see the report. "The injured parties have a right to know how the accident came about," he said.