A Ballinamore man appeared in Carrick-on-Shannon District Courtroom charged with driving with no insurance coverage and failing to stay on the scene of a deadly street site visitors accident wherein his pal was killed. Ciaran McHugh, Church St, Ballinamore pleaded responsible to the offences which occurred on September 4, 2019 at Drumna, Cloone.
Mr McHugh had been driving in entrance of his pal, Alan Crowe, who was driving a bike. Mr McHugh pulled in to permit a bus to move on the slim street however Mr Crowe collided with the bus and was killed.
Sgt Ronan Mooney outlined the main points of the case to the courtroom and skim out the assorted witness statements taken.
Eileen Gallagher, Drumna, Cloone stated that on that date she got here down her lane onto the Ballinamore to Cloone street. She noticed a faculty bus stopped on the street. There was a pink automobile stopped on the street and a bike on the street beneath the entrance wheel of the bus.
She realised there was an accident and the rider had gone beneath the bus. She stated the younger man within the pink automobile was in shock and she or he introduced him as much as the home and provided him some tea or espresso however he requested for one thing stronger to regular his nerves and she or he gave him some whiskey.
Liam McGovern, Sub Officer Ballinamore Fireplace Service, stated {that a} name went off at 7.40am on that date. He proceeded to the incident the place he approached the aspect of the bus and was informed by a primary responder the casualty was beneath the bus. He was mendacity behind the entrance axle of the bus.
He stated there was a pink automobile parked on the entrance to the driveway and he requested the younger man to maneuver it to present them extra entry to the scene. They lifted the bus with airbags from each Ballinamore and Mohill hearth stations and handed the casualty to the ambulance crew. He stated he was not conscious till later that day that the automobile he had requested to be moved was concerned within the incident. He stated if he was conscious, he wouldn’t have requested him to maneuver it.
John Conway, Station Officer, Ballinamore Fireplace Station, stated they have been referred to as out to the accident and on arrival he had the keys of a car which was required by the proprietor in Ballinamore.
He noticed Ciaran McHugh and requested him was he travelling in the direction of Ballinamore, Mr McHugh stated he was and he requested him to carry the keys with him again to Ballinamore. He drove off within the path of Ballinamore. At that stage Mr Conway stated he didn’t know Ciaran McHugh was in any method concerned. The proprietor of the keys texted him later to say Ciaran McHugh had delivered them.
Sgt Mooney’s personal assertion stated he went to the scene of the collision. He stated the Ballinamore Fireplace Service was already on the scene.
He stated the bus had harm to its entrance and was parked tightly to the hedge. There was a bike on the bottom on the entrance of the bus. The Gardai took management of directing site visitors and gathered particulars from witnesses.
He stated the ambulance and Mohill Fireplace Service arrived and the bus was elevated and the casualty eliminated. He was unresponsive and had no indicators of life. He recognized the motorcyclist as Alan Crowe from Leer, Mohill who he knew. Dr Sean Bourke arrived on the scene and pronounced loss of life at 9.07am and the physique was eliminated to the mortuary at Sligo Hospital.
Sgt Mooney stated the driving force of the bus was Caillian Ellis, Fenaghbeg, Ballinamore. As he was concerned in a street site visitors collision he was requested to present a pattern of his breath which indicated a move. He stated Mr Ellis was clearly in shock and was handled on the scene by ambulance personnel and eliminated to hospital.
Mr Crowe’s dad and mom, James and Carmel, formally recognized their son that night.
Ciaran McHugh had come again to the scene and Sgt Mooney stated he made himself recognized to the Gardai. He stated he had been socialising with Alan Crowe the earlier night, that they had travelled to Alan’s residence that morning to gather garments.
He stated he was driving the automobile in the direction of Ballinamore with Alan driving behind on the motorbike when he met the bus and pulled in to let the bus move. He then heard a loud bang and noticed the motorbike on the bottom. He stated he had a driving licence however didn’t have insurance coverage to drive the VW Golf belonging to Alan Crowe.
On February 4, 2020, Mr McHugh met Sgt Mooney by appointment in Carrick-on-Shannon Garda Station to present a press release, accompanied by his solicitor, John McNulty. He stated the day previous to the accident he met Alan Crowe who picked him up at 5.30pm and so they went to Cox’s in Dromod and stayed for an hour. They got here again to the Financial institution Bar in Ballinamore and each had a pint.
They met up with others and ‘spun’ round for some time earlier than going again to a pal’s home the place they stayed till about 2am or 2.30am. He stated that they had two or three cans to drink.
Mr Crowe then drove again to Mr McHugh’s home in Ballinamore the place they placed on some tunes and stayed till about 6am. He stated the plan was to remain there. He stated he didn’t wish to let him go driving residence and informed him to remain on the sofa. He stated Mr Crowe had it in his head to go residence and that was it.
Mr McHugh stated he thought one of the best thought was for him to drive Mr Crowe’s automobile to his home. Mr Crowe obtained out of the automobile and went into his home to get his uniform for work whereas Mr McHugh swapped into one other automobile, a pink VW Golf. He appeared within the mirror and noticed Mr Crowe pushing a bike out onto the street.
Mr Crowe informed him he was alright and to belief him. Mr McHugh stated he would drive in entrance of him and informed him to not move him out. He stated Mr Crowe was behind him the entire time however about 1km earlier than the accident he appeared again however couldn’t see him. He stated he went about 40-50mph the entire method. He stated he may then hear him approaching the bike.
As Mr McHugh rounded a nook he may see a bus and slowed down and pulled in to a niche to let it previous. He stated the bus was nearly to come back previous him when Mr Crowe got here across the nook and both glanced off the Golf or went straight into the bus.
He stated he obtained out and a lady introduced him as much as her home and gave him a drink. He stated the hearth officer, John Conway requested him to drop a set of keys to Ballinamore which he did. A neighbour later ran him again out to the scene of the accident.
Mr McNulty stated he was shocked a cost of failing to stay on the scene of an accident was introduced in opposition to Mr McHugh. He stated Mr McHugh acted beneath the path of the hearth service who have been accountable for the scene on the time. He stated his pal had gone beneath the bus and he was in shock.
Decide Kevin Kilrane complimented Sgt Mooney on his “forensic and detailed investigation of the accident.”
He stated it was a particularly tragic accident the place two younger males have been driving alongside the street and Mr McHugh was involved about Mr Crowe’s potential to drive and took precautions to drive in entrance of him.
He stated the street is comparatively slim and a bus of that measurement would trigger each events to drag in.
He stated Mr McHugh did every thing proper, he stopped the automobile, the bus pulled in. Mr Crowe sadly failed to note the automobile was stopped and it will seem he misplaced management of the motorbike and struck the entrance of the bus and was thrown off the bike and his physique went beneath the bus..
He stated the defendant will need to have been shocked past perception that his pal was beneath the bus and there was complete panic. Mr Ellis the driving force was additionally in shock.
Decide Kilrane stated the Fireplace Brigade got here out and have been confronted with “a really significant issue to boost the bus safely to retrieve the physique beneath it.”
The firemen, he stated, requested Mr McHugh to maneuver his automobile to present them as a lot house as doable and he stated their actions have been solely affordable.
Decide Kilrane stated Mr McHugh drove the automobile into Ballinamore however got here again out once more to the scene.
“That will need to have been a really tough determination as a result of he will need to have recognized that his pal was in all probability useless at that stage,” he stated.
Decide Kilrane agreed with Mr McNulty that having been directed to go away the scene and the shock he suffered, it was straightforward to grasp his thoughts wouldn’t have been in the proper place.
He stated nothing Mr McHugh did precipitated the accident or there was no suggestion he moved the automobile to keep away from detection for no insurance coverage or to frustrate the Gardai.
He stated there might have been a technical breach however it will be “harsh and disproportionate to convict on that” and he dismissed that cost.
The courtroom heard Mr McHugh has no earlier convictions. He at present works on development on the Intel web site in Leixlip. He lives together with his father in Longford through the week and travels up and down and wishes his licence.
Decide Kilrane stated he couldn’t permit the tragic nature of the accident to affect him in regard to the insurance coverage. He stated he’s obliged to disqualify except there was a very good cause proven to not and he stated there was such a cause on this case.
He stated on the time of the accident Mr McHugh was driving again to Ballinamore and attempting to handle Mr Crowe by driving rigorously in entrance of him. He stated it was apparent he was driving rigorously as a result of he was in a position to cease and pull in to permit the bus to move.
He stated Mr McHugh wanted his licence and since there was a fatality concerned it couldn’t affect him.
He convicted and fined Mr McHugh €300 for the offence, permitting three months to pay and didn’t disqualify him.
Decide Kilrane expressed his condolences to the Crowe household, as did Mr McHugh and Sgt Gallagher on behalf of An Garda Siochana.
