A man charged in connection with the deaths of a Co Limerick fireman and garda killed while attending the scene of a road accident, could face a retrial, after a jury failed to reach a verdict in his case.
Niall Shannon from Lenamore, Ballylongford, Co Kerry, denied dangerous driving causing the death of Garda Brian Kelleher and fireman Michael Liston at Barrigone, Foynes, Co Limerick, on February 25th 2007.
During the nine day trial at Limerick Circuit Court, the jury heard evidence that the 20-year-old, who was over the legal alcohol limit drove through the scene of a single vehicle accident at such speed that when he struck into the emergency workers he sent both men into the air killing the two emergency workers.
The court heard that a breath test carried out on the night revealed that Mr Shannon had 55 micrograms of alcohol in his breath per 100 millilitres of breath and that the legal limit for driving was 35 micrograms.
The 20-year-old had left his home in Ballylongford, Co Kerry to drive to Limerick at 4.30am on the morning of the fatal collision, following a night out with friends in Listowel.
Mr Shannon denied driving with excess alcohol but the jury in his trial returned a unanimous guilty verdict on this charge yesterday.
Following almost five hours of deliberations however, the jury returned shortly before 5.30pm and said it could not reach a decision in relation to the dangerous driving charge.
When asked by Judge Carroll Moran the foreman of the jury said there was "no prospect" of either a majority or a unanimous verdict being reached.
Before they retired yesterday the jury was told that it had the option of convicting Mr Shannon on a lesser charge of careless driving.
Judge Carroll Moran adjourned sentencing in relation to the drink driving charge until October 31st next when it due to be mentioned.
Counsel for the State Michael Collins (BL) asked that the dangerous driving charge be put into the next call over date pending further instructions from the DPP.
In a statement issued after the proceedings Limerick County Council, which has responsibility for the fire service said the local authority's thoughts were with the families of the deceased men at "this difficult time".
"The people of County Limerick lost two fine public servants in Firefighter Liston and Garda Kelleher. Limerick County Council would like to thank all the firefighters involved for both their professionalism and competency on the night of the incident on 25 February 2007 when we lost close colleagues, and for the way in which they aided the State in the prosecution of this case," the statement said.
In his closing speech to the jury counsel for the defence Anthony Salmon (SC) claimed Mr Liston and Garda Brian Kelleher had not been properly protectected while they were carrying out their duties on the night of the fatal collision.
Mr Salmon said the road where the men were working at the scene of the first accident should have been closed 'full stop' and described what was done at the scene as "utterly shambolic".
"'Official Ireland' has a thing called a retained fire service and from any analysis, what was done at this scene was utterly shambolic and a danger to anybody travelling on the road," said Mr Salmon.
The defence counsel said it was ridiculous that fire-fighters were not allowed to stop traffic questioned how a situation of "such ambiguity" was allowed to exist where fire-fighters feel they cannot close a road to protect their colleagues.
"Official Ireland bears the major responsibility in relation to these deaths, to require people to work under those circumstances without being given the maximum protection is the cause of these mens dreadful deaths," he said.
Mr Salmon also questioned how a PSV Inspector who is a member of An Garda Siochana could have been objective in investigating the scene of the crash when one of the victims was also a garda and claimed the National Roads authority should have conducted the investigation.