THERE WERE tearful scenes at the Circuit Criminal Court in Limerick last night after a second jury failed to agree on a verdict in the trial of a 21-year-old man charged in connection with the deaths of a fireman and a garda killed while attending the scene of a crash.
Garda Brian Kelleher (46) and fireman Michael Liston (47) suffered multiple injuries after they were struck by a car that was driven into the scene of an earlier incident involving an overturned car on the N69, Limeick to Tralee Road.
Relatives and work colleagues of the victims wept openly last night after a jury failed to reach a verdict in the retrial of Niall Shannon, Lenamore, Ballylongford, Co Kerry, who denied dangerous driving causing the deaths of both men at Barrigone, Co Limerick, on February 25th, 2007.
The 21-year-old, who was over the legal alcohol limit at the time of the incident, was convicted of driving with excess alcohol at his initial trial which finished exactly a year ago yesterday.
However, the jury in last year’s trial failed to agree on a verdict on the more serious charge of dangerous driving causing death. A retrial, which began three weeks ago, was ordered by the Director of Public Prosecutions.
Following five hours of deliberations the foreman of the jury informed the court that there was no verdict on which they could agree, either unanimously or by a majority of 10, and that no further time would be of benefit.
Before they retired Judge Carroll Moran told the jurors they also had the option of convicting Mr Shannon on the lesser charge of careless driving.
In a statement issued by Limerick County Council on behalf of Limerick County Fire Service last night, the local authority said it had lost two fine public servants.
“The thoughts of Limerick County Council and its employees are with the families of Firefighter Michael Liston and Garda Brian Kelleher at this difficult time. The people of Co Limerick lost two fine public servants in Firefighter Liston and Garda Kelleher,” it read.
“Limerick County Council would like to thank all the firefighters involved for both their professionalism and competency on the night of the incident on February 25th, 2007, when we lost close colleagues, and for the way in which they aided the State in the prosecution of this case,” it concluded.
After the jury’s decision, counsel for the State John O’Kelly asked that the case be put into the next call over date of the Circuit Court on October 30th and that Mr Shannon be remanded on continuing bail until that date.