Doubts over Garda watchdog at inquest

The independence of the Garda Ombudsman Commission has been called into question at an inquest in Limerick into the deaths of two men who were hit by a car driven by a garda who was going off duty late at night.

The commission, the inquest heard, engages expert gardaí witnesses to help investigate colleagues who have been involved in road accidents.

The hearing was told that the pair who died, Mark Farrell and Gavin O’Callaghan, were fighting an unlit dual carriageway.

Mr Farrell, aged 29, with an address at the Simon Community, Cork, and Mr O’Callaghan, aged 20, of Courtown Drive, Knocknaheeny, died instantly in the accident around 12pm on Jan 12, 2011.

Evidence was given that Garda Enda Clifford had no chance of avoiding the men, one of whom was lying flat on the road, with the other on top of him.

It was a dark, wet night and there was no lighting on the dual carriageway on the outskirts of Limerick.

Witness Jennifer Dennehy said she met Mr Farrell and Mr O’Callaghan earlier that day in Cork. They went to an off-licence for vodka. She got a call from a man named Damo or Damien, who asked her if she wanted to go for a spin to Limerick. She and the two men got into Damo’s car and they were drinking vodka. Mr Farrell and Mr O’Callaghan were arguing and began to fight, she said.

They continued fighting in the car and Damo pulled to the side of the dual carriageway near Limerick on their way back to Cork. They got out of the car. She did not realise they had moved out onto the roadway and heard a bang. She and Damo drove off, as she did not know what to do. She heard the next day the two had been killed.

Witness Damien Kennedy told the inquest he got a call from Ms Dennehy. They then met two men he did not know and agreed to give them a lift to Limerick. The two men were intoxicated and were arguing and fighting.

One of the men asked him to stop and when he did, both jumped out of the car and continued fighting. Cars were flashing lights, beeping horns, and swerving to avoid the two. One was in the middle of the road on top of the other when they were hit.

Garda Clifford said he was driving home at a speed of 110kmh, where the limit was 120kmh. He came on two men lying on the dual carriageway and one had a hand raised as if he was going to strike the other. He was almost on top of them when he saw them.

Garda Clifford said he was put in a situation which was unavoidable, but this did not give him any comfort as it was a horrific tragedy.

Francis Kelly, a van driver from Cork, said that, after a car in front of him swerved, he became aware of what he thought were two large industrial size bags on the carriageway. He then realised they were two men, one crouched over the second, who was lying on the road.

State pathologist Marie Cassidy and deputy state pathologist Michael Curtis gave evidence that the two died instantly from unsurvivable injuries. Both had high levels of alcohol in their blood. There was no sign of any drug in samples taken from the men.

Garda Michael Reddy, a Garda public service vehicle inspector, gave evidence of examining the scene and Garda Clifford’s car. He found two tyres on Garda Clifford’s car excessively worn. While this may have led to an adverse level of grip, in his opinion it did not have any significant bearing on the accident.

In cross-examination, Ann FitzGerald, barrister for the O’Callaghan family, said that, as Garda Reddy was attached to Henry Street Garda Station, the same station as Garda Clifford, the family was concerned about the perceived independence of the ombudsman commission. Garda Reddy said he understood this but would have completed his investigation in the same manner as any other investigation.

Ms FitzGerald said there was a perception by the family regarding the garda’s interfacing with the Garda Ombudsman Commission.

Garda Reddy said the commission assisted him in examining Garda Clifford’s car. He said the commission took possession of it when he had finished with it.

In reply to Ms FitzGerald, he said he was not aware of an independent public service vehicle expert ever being called in.

Rody Butler, a representative of the commission, said it adopted the same procedures regarding the use of Garda public service vehicle inspectors everywhere.

The jury returned a verdict of misadventure, that the two men died from major injuries, having been involved in a road accident.