Death crash driver case dropped

THE state has dropped a dangerous driving causing death charge against a Kerryman who drove into an accident scene, killing a garda and a firefighter.

Juries at two trials have failed to agree on a verdict and when the case was again called at Limerick Circuit Court yesterday, counsel for the DPP directed that a nolle prosequi be entered.

Niall Shannon, 21, of Lenamore, Ballylongford, pleaded not guilty to dangerous driving causing the deaths of Garda Brian Kelleher, 46, and firefighter Mike Liston, 47, on February 25, 2007, at Barrigone, Askeaton, Co Limerick.

Shannon, who has been convicted of driving with excess alcohol at the time of the double fatality, will be sentenced for this offence next February.

On the night of the crash, a Toyota had overturned on a bend near the entrance to the Aughinish Alumina plant and the sole occupant, a women from north Kerry, was uninjured but badly shaken.

Garda Kelleher, who was stationed in Croom, was filling in for a colleague that night and he along with Garda Ollie O’Sullivan went to the scene.

Foynes Fire Station members were also alerted and Mr Liston and his colleagues attended the scene, where they closed off the road as a recovery truck moved in to remove the Toyota.

Advance warning lights and signs were put in place to alert drivers and firefighters took up positions at both sides of the scene with illuminated sticks to flag down oncoming traffic.

At around 5.10am an Audi car suddenly drove in from the Foynes direction, striking the side of the Foynes fire tender, before mowing down Gda Kelleher and Mr Liston.

The driver was Niall Shannon, who had been socialising in Moyvane and Listowel before he and two friends struck off for Limerick at around 4.30am.

Shannon’s phone showed up a series of text messages in the minutes leading up to the crash.

As he smelt of drink he was arrested at the scene and a breath test at Henry Street Garda Station in Limerick showed a reading of 55 micrograms of alcohol per 100 millilitres of breath. The legal limit is 35.

Witnesses at the trial told of seeing advance warning lights but the defence claimed the advance warning signs were not located far enough away from the scene of the first crash to effectively warn oncoming traffic in good time.