The driver of an articulated lorry involved in an accident which claimed the life of a two-year-old boy was found not guilty of driving a defective vehicle and of having excessively worn tyres at Navan District Court yesterday.
David Garvey died when a truck driven by Mr Barry Graham (36), of Primrose Gardens, Portrush, Co Antrim, collided with a car being driven by his mother, Mrs Joan Garvey, while it was stopped at traffic lights at the foot of a steep hill at Slane bridge on the N2 Dublin-Derry road.
The child's father, Mr Cathal Garvey, who was in the next car at the traffic lights, was also seriously injured when the articulated lorry went over the top of both vehicles before coming to a halt on a third car on February 12th last.
Mr Graham was accused of driving a defective vehicle and of having excessively worn tyres.
Garda Eamon Hynes told the court that following the accident an examination had found that the wheel tread on the tractor unit of the truck was below the legal limit and none of the brakes on the six wheels of the trailer were working, as they had not been adjusted. Under cross-examination, he was unable to give the exact depth of the tyre tread.
The witness claimed that the driver should have been aware of the brake defects, as they would have caused the trailer unit to shunt the tractor unit forward when the tractor braked.
The defendant told Navan District Court that he was bringing a load of timber from Coleraine to Dublin on the day and there had been no problem with the brakes until he was coming down Slane hill. "I went to brake to change gear and there was nothing there. The weight was pushing me on and I was nearly standing on the brakes. I couldn't believe what was happening."
Mr Brian Roote told the court that he had removed the vehicles from the scene at the request of the gardaí and had found that he had to adjust the brakes on the trailer unit before they worked. He said that the brakes had not been damaged in the impact, but they could have failed on Slane hill.
Judge John Brophy dismissed the charge of having excessively worn tyres as the garda had been unable to give the exact depth of the tread. He also dimissed the defective vehicle charge, as there was a doubt over when the problem with the brakes had occurred. Charges against Oliver Transport Services Ltd, Exorna, Castlerock, Co Derry, the owners of the lorry, were also dimissed.
Judge Bropphy said he hoped the parents of David Garvey would understand his judgment. He emphasised that he had not been satisfied of the defendants' negligence "beyond a reasonable doubt" and said that the defendants were entitled to that doubt.