FATAL CRASH CHARGES
Charges have been brought against the driver and owners of a lorry involved in a crash near Castlebaldwin last year in which a County Council road worker was killed.
Padraig Noone ( 62) year died and three other men were injured when they were struck by an articulated lorry on the Dublin road near Castlebaldwin at 11.40am on August 13th 2015.
The father- of- two had been hedge- cutting on the roadside for Sligo County Council at the time. He had worked for the Council in the Ballymote Area for over 11 years.
Two of the three injured men were Council workers while the third was a contractor.
The driver of the lorry was also taken to Sligo Regional hospital but discharged later the same day. At Sligo District Court last Thursday charges were brought against the driver, of the lorry, Vlastimil Zachar of Connell Drive, Newbridge and the owner of the lorry, MDS Distributiion Ltd, Toghers’ Business Park, Naas.
The company was summoned for not having a certificate of road worthiness for the tractor unit, the court being told that it was out by 19 days.
Zachar was summoned for driving at Ballyhealy or Hollybrook Demesne without a certificate of road worthiness and with failing to take the presecribed break totalling 45 minutes after driving for four and a half hours. He was also summoned for failing to operate the tacograph and with having no rear identification on the vehicle.
Inspector Paul Kilcoyne told Judge Kevin Kilrane that the file in relation to the investigation was still with the DPP.
The Judge was told there had been a collision between the lorry and a council workman who was killed while serious injuries were sustained by other workers.
The Inspector said the deceased’s two daughters were present in court. Mr Brian O’Mara, solicitor ( for MDS Distribution Ltd) said the certificate of road worthiness was out by three weeks and had been a simple error. The company’s transport manager was in court to explain how it had occurred.
Inspector Kilcoyne said he wished to adjourn the case against the lorry driver. The file was still with the DPP and more serious charges were contemplated.
Judge Kilrane explained to the deceased’s two daughters, Linda and Elaine that the certificate of road worthiness was out by 19 days and this in itself was a relatively minor offence but because of the fact a fatality was involved he had to be conscious of all the sensitivities involved.
To a large extent it was a technical matter, especially if he was told that the absence of a certificate of road worthiness had nothing to do with the fatal collision. If this was the case then he was prepared to finalise the matter against the company.
Mr Gerard McGovern, solicitor told the court he was representing some of the injured men and was holding a watching brief. He said it appeared liability was very much at issue even though just one vehicle was involved and there had been no admission by the driver. Mr O’Mara said any issue of liability was not a matter for the company.
Judge Kilrane said he wanted to be one hundred per cent certain that the absence of a certificate of road worthiness on the lorry had no bearing on the crash and he hadn’t been told that.
Inspector Kilcoyne said it would be better to adjourn the case. The case against the company was adjourned to October 6th for clarificatiion and againts the driver to the same date for DPP directions.