Driving conditions were described as excellent

Driving conditions on the day of the fatal accident were described as excellent by a Garda giving evidence at the sentencing hearing of lorry driver, Vlastimil Zachar.

Garda Ciaran Feeney, one of the first Gardaí on the scene of the fatal accident at Hollybook, Castlebaldwin on August 13th 2015, agreed with Ms Orla Crowe SC (prosecuting) that it had occurred on a straight stretch of a very good road with good sight lines and visibility with the weather clear and warm at ttime.

A work crew from Sligo County Council were engaged in cutting and clearing the grass verges in off the hard shoulder with the crew having assembled earlier that morning around 9am in Castlebaldwin.

They had attended to some minor road works initially before making their way on to the N4 and had cut the far side of the road facing south before the convoy turned and began trimming the north bound side in the direction of Sligo.

The Garda agreed with Ms Crowe that a safe system of work plan had been in place along with a series of warning signs.

At 6.2k south of the scene there was a message sign stating there was road works ahead. There were then three further signs, one 271 metres away which was a workman sign and a cone on the gress.

Some 163m from the scene there was a second workman sign with a blue arrow which was more to the centre of the hard shoulder.

There was then a large sign attached to the back of a Mitsubishi flatbed lorry with warning lights and which was just inside the hard shoulder.

All of the council vehicles were inside the hard shoulder and there was good sight distance leading up to them, the Garda agreed.

Killian Dwyer was cutting the grass verge on a tractor while a second tractor driven by Paul McGettrick was also cutting the grass.

Next came three men who were facing the grass bank, Damien Davey, Padraig Noone and Thomas Collery who were clearing the ditch and picking litter as they went along. All of the men were wearing high vis clothing and had signed a safe system of work forms that morning.

Behind them came a JCB driven by Anthony Feighney which was opening the inlets along the ditches and the Mitsubishi truck driven by Gerry Glynn was to the rear.

The council workers had just begun cutting on the north bound carriageway when the accident happened at 11.15am.

A Scania truck and trailer driven by the defendant came from the Carrick-on-Shannon direction and came in on to the hard shoulder, striking the Mitsubishi truck, spinning it around so that it was facing the opposite direction and scattering all of its contents all over the road.

The Scania went on the hit the JCB, throwing Mr Feighney from it. The JCB was forced up on the grass and Mr Noone was trapped by it. Damien Davey was seriously injured while Mr Collery made a miraculous escape said Ms Crowe.

The Scania ended up jackknifed with the cab in on the hard shoulder and the trailer out on the road. Its emergency brakes had come on automatically on the impact.

Mr Davey was hit from behind by the bucket of the JCB and was then put up into the air. He subsequently lost consciousness. He suffered a punctured lung, broken ribs, broken left leg and was eight months in a wheelchair with ongoing physiotherapy.

Mr Glynn thought he would be trapped in the Mitsubishi and had to be cut from it. He made a good recvery from his serious injuries. Mr Feighney described hearing what sounded like the roar of an airplane. He lost consciouness and suffered a broken neck, upper back and sternum.