Inquiry urged over death following Garda crash

THE FAMILY of a pensioner who died in Dublin after a Garda car left the road and crashed into the bus stop where she was sitting waiting for a bus have urged Garda Commissioner Martin Callinan to order a reinvestigation of the case.

The call comes a day before the Garda Síochána Ombudsman Commission (Gsoc) is to launch an appeal against a court decision that has blocked it from investigating the Garda’s handling of the death of Mary Seavers (74) in Clonskeagh, south Dublin, in May 2005.

Mrs Seavers’ son David told The Irish Times that while he welcomed the fact an appeal was to take place over the Gsoc inquiry, he believed it was vital the matter undergo a separate fresh investigation by gardaí. “We believe such an investigation in no way undermines Gsoc’s investigation. We have been extremely frustrated with the slow pace of the justice system having now interacted with it for the last seven years.”

“It is also clear to us from the court publications that GSOC have undertaken their investigation in a professional, thorough and diligent way for which we commend them. We sincerely hope that they do eventually get to publish their report into their investigation and its findings.”

Mrs Seavers, from Farmhill Park, Goatstown, was sitting at a bus stop on Clonskeagh Road when a Garda car hit her and the bus shelter. She died from her injuries in Beaumont Hospital on June 15th, three weeks after the crash.

The driver, Garda Niamh Seberry, and front-seat passenger Garda Lisa Healy from Donnybrook station both insisted the patrol car had not been speeding.

However, Sgt Colm Finn from the forensic reconstruction unit told Mrs Seavers’ inquest he believed the vehicle had “exceeded the maximum safe speed of the bend which was 70km/h”.

In March 2006 a jury at the inquest returned a verdict of death by misadventure. However, it emerged at that time that while gardaí had investigated the matter and a file had been sent to the Director of Public Prosecutions, it was decided that December no criminal charges would be pursued. The Seavers family lodged a complaint with Gsoc about the Garda’s handling of the matter but that complaint was rejected.

However, Gsoc decided to open a public interest inquiry into the matter. As it was progressing Garda Sgt Andrew Keegan took a judicial review in a bid to stop the Gsoc inquiry and he succeeded when the judicial review he had taken was upheld by the High Court last month. However, Gsoc last week lodged an appeal against that ruling and the matter is due before the High Court tomorrow.