There were tearful scenes at the Circuit Criminal Court in Limerick tonight 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 Garda killed while attending the scene of a road accident.
Garda Brian Kelleher (46) and fireman Michael Liston (47) suffered multiple injuries after they were struck by a car which drove into scene 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 re-trial of Niall Shannon, Lenamore, Ballylongford, Co Kerry who denied dangerous driving causing the deaths of both men at Barrigone, Foynes, Co Limerick on February 25th, 2007.
The 21-year-old, who was over the legal alcohol limit at the time of the accident, was convicted of driving with excess alcohol at his initial trial which finished exactly a year ago today.
However the jury in last year’s trial failed to agree on a verdict on the more serious charge of dangerous driving causing death and a retrial, which commenced three weeks ago, was ordered by the Direction 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 on; either unanimously or by a majority of ten and that no further time would be of benefit.
Before they retired today Judge Carroll Moran told the jurors they also had the option of convicting Mr Shannon on the lesser charge of careless driving.
After the jury’s decision Counsel for the State John O’Kelly (SC) asked that the case be put into the next call over date of the Circuit Court on October 30th next and that Mr Shannon be remanded on continuing bail until that date.
Judge Carroll Moran thanked the jury for its service and excused them for jury duty for six years.