DPP considers retrial as jury fails to agree on firefighter and garda deaths
Niall Shannon, from Lenammore, Ballylongford, denied a charge of dangerous driving causing the deaths of Garda Brian Kelleher and firefighter Mike Liston. He also pleaded not guilty to a charge of driving with excess alcohol
He was found guilty by the jury of the drink-driving charge and sentencing was adjourned by Judge Carroll Moran to October 31.
After two and half hours of deliberation when the jury said it could not agree on the dangerous driving causing death charge, Judge Moran told the seven women and five men that he would accept a 10/2 majority verdict.
On returning after four and a half hours the foreman said the jury could not agree on a majority verdict either.
Asked by Judge Moran if there was any prospect of a verdict if given more time, the foreman said “no”.
Judge Moran asked the foreman at that point to write the word “disagree” on the issue paper on which verdicts are recorded.
Michael Collins, BL (instructed by State solicitor, Aidan Judge) for the prosecution asked that the dangerous driving charge be put back as he wanted to take instructions from the DPP.
During the nine-day trial evidence was given how Garda Kelleher and Mr Liston were killed instantly as they attended a single-car accident at Barrigone, Askeaton, on February 25, 2007.
They were assisting in the removal of a crashed car from the road when a car driven by Shannon came around a bend on the road and crashed into them.
The accident scene was said to have been at a dangerous bend and during the trial the jury were taken to see the location between Foynes and Askeaton.
Garda Kelleher was propelled more than 30 metres up the road by the impact and Mr Liston was thrown onto a wall, hitting another firefighter as his body flew through the air.
Evidence was given of the amount of emergency service lighting which lit up the scene and at advance points at both sides of the accident scene where blue flashing lights were placed.
One State witness said he could see the emergency service lights three miles from the scene as he approached from the Foynes direction.
Firefighter Ian Behan said he also had an illuminated baton in his hand which he used to try and flag down the oncoming car. He said he had to get out of its way as it sped past him.
The trial heard that Shannon had been socialising in a number of licensed premises in north Kerry before he set off from Ballylongford with two friends.
The defence claimed that the road should have been closed after the first accident and that the advance fire service sign was not placed far enough down the road from the accident scene.
The defence did not dispute that Shannon had 55 millilitres of alcohol per 100 milligrams, the legal limit being 35mls.
The defence called a witness who came forward after being contacted by a relative of Shannon’s. Michael Moroney from Shanagolden was a driver with Shannondoc, a doctor service. He said he did not see any sign on the road as his car approached the accident scene and did not see lights as the area was shaded by trees.
Mr Moroney also disputed prosecution evidence about the location of a parked Garda car.
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