Crime & Law

Woman who knocked down child found not guilty

Callum Dale was killed after suffering angry episode due to his Asperger’s Syndrome

A woman who knocked down a child after he suffered an angry episode due to his Asperger’s Syndrome has told his family she will think about them every day of her life.

Stephen Maguire
Thu Jul 14 2016 - 18:30

A woman who knocked down a child after he suffered an angry episode due to his Asperger's Syndrome has told his family she will think about them every day of her life.

Callum Dale (13) died after he was struck by a car being driven by Rachel Fullerton in Buncrana, Co Donegal, on March 13th, 2014.

Ms Fullerton (35) was on trial at Letterkenny Circuit Court charged with careless driving causing the death of the boy.

However, after hearing almost two days of evidence on the case, Judge John O'Hagan on Thursday directed the jury to find the accused not guilty.

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Ms Fullerton, from Meentahalla, Illies, Buncrana, broke down in tears at the decision.

Through her barrister, Richard Lyons, SC, she said she wanted to apologise to Deirdre and Peter Dale and their family for Callum's tragic death.

Mr Lyons said: “There will not be a day in her life that the Dales will not be in her thoughts and prayers.”

Judge O’Hagan had told the jury: “In order to convict in this case a jury would have to be satisfied there was intentional or reckless behaviour in this lady’s mind and there is absolutely no evidence in this case - not a jot at all.”

Mother’s evidence

The boy’s mother had told the trial that she had desperately waved her hands in a bid to stop the car hitting her son seconds before he was killed.

Ms Dale said her son was a very smart boy and was “probably smarter than [Judge John O’Hagan]”.

However, due to his illness, he was prone to having “eruptions”, which would see him lose his temper.

The court heard Callum suffered one of these “eruptions” on the night he was killed.

Callum and his dad Peter had had a disagreement and the boy stormed out of his home at 10 Riverdale Park, Buncrana.

Ms Callum said her son had moved onto the road onto the path of the Volkswagen Meriva car being driven by Ms Fullerton.

Subsequent investigations after the incident had shown that the accused had not been drinking, had not been using her mobile phone and was not speeding before the accident.

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