Case involving death of pensioner in Donegal adjourned

A judge has adjourned a case against a driver involved in a crash which resulted in the death of a pensioner, to allow a review of the case by the Director of Public Prosecutions.

Maura Porter was fatally injured as she walked home from Mass on December 30th, 2013 close to her home in Co Donegal. It took more than 50 minutes for an ambulance to get to the scene close to the 70-year-old's home in Carndonagh on the Inishowen Peninsula.

Austin Stewart from Ballinahone, Fahan, appeared at Carndonagh District Court facing four charges in relation to the incident. He was charged with driving without an NCT certificate, failing to display an NCT certificate, driving a vehicle with a defective headlight and driving a vehicle with a bald tyre.

Both Ms Porter’s adult children Brendan and Davina were in court for the hearing. Stewart’s case was adjourned three months ago to allow the DPP to possibly review the charges against the accused.

However, Garda Inspector David Murphy told the court that the DPP has still not made a decision in the case and asked for a further adjournment.

Solicitor Ciaran McLaughlin said his client, Stewart, had been put through great stress, including the media attention on the case. He said the current charges could be dealt with and the DPP could always come back with any possible further charges in future.

“My client has had this hanging over him for the last three months. On the last occasion there was a battery of cameras and reporters outside the court and he was plastered all over the local newspapers. This has caused great harm to my client and his family. The anxiety, nervousness and fear that it has caused my client is untold.”

He said there was nothing stopping the court dealing with the charges before the court and coming back with a more serious charge if needed.

Gda Ins Murphy said he agreed the incident had tragic consequences for all involved, including a local family. But he added, “a direction has been issued and there is a mechanism which permits the decision to be reviewed and that is underway. Mr McLaughlin should be aware as a former state solicitor that the DPP does not deal with such matters in a piecemeal fashion. I would ask for an adjournment.”

Judge Paul Kelly reflected the view that the state has no control over the media, but said there were sensitivities on all sides of the case.

He said he was adjourning the case until April 21st to allow the DPP to review the case.