Jury clears motorcyclist over fatal crash

A 23-YEAR-OLD motorcyclist was acquitted by a jury of dangerous driving causing the deaths of two men in a crash between his and another motorcycle, on June 1, 2008.

Con Scannell, of Dereenduff, Duagh, Co Kerry, had pleaded not guilty to charges arising from the deaths of his pillion passenger Owen McGillicuddy, 19, and of David Flynn, 35, the driver of the other motorcycle, at Bealkilla, Lixnaw, on the occasion.

The jury returned a unanimous not guilty verdict at the Circuit Criminal Court, sitting in Tralee, but convicted the accused of driving with excess alcohol. He was remanded in custody by Judge Carroll Moran until Thursday for sentencing on that charge. He had been found to have a blood/alcohol reading of 130mg, 50mg over the legal limit.

A charity event involving old and new motorbikes had been taking place in nearby Finuge village earlier on the day of the crash, which occurred at about 4.30pm, the court was told.

Mr Scannell was driving an old Honda and the prosecution case was that he pulled across the path of the late Mr Flynn’s high-powered Suzuki GSXR 1000cc.

However, defence counsel John O’Sullivan said there would have been room for Mr Flynn to pass Con Scannell were the late Mr Flynn driving at a normal speed.

Mr O’Sullivan submitted the Suzuki had been travelling at “ferocious speed’’ and had clipped the rear wheel of the Honda.

Garda public service inspector James O’Brien estimated Mr Flynn’s bike to be travelling at 215km/h.

Witnesses told of hearing an explosion and of seeing plumes of smoke rising from the scene after the crash.

The Suzuki was found in a field 130 metres from the point of the impact and its front wheel had continued on a further distance.