Judge: Delays in trial simply not good enough

Delays in the trial of a man accused of causing the death by dangerous driving of eight people in Co Donegal were “simply not good enough,” a judge said in court when the case was called yesterday.

Shaun Kelly, aged 24, from Hill Road, Ballymaggan, Buncrana, Co Donegal appeared at Letterkenny Circuit Court after the case was adjourned last week to allow the DPP to identify a psychologist to carry out an assessment of him.

However Patricia McLaughlin, prosecuting, said the psychologist identified by the DPP was no longer providing assessments for court.

She said the State had made extensive enquiries since Judge Keenan Johnson had adjourned the case a week ago.

Two experts at the Beaumont Hospital in Dublin had been identified but the State had been unable to contact them despite phone calls and letters being sent.

Judge Johnson said the delay in finding an expert was “simply not good enough.”

He ordered the DPP to find an expert by Thursday.

The judge also said the expert should be in a position to carry out a psychological assessment “within seven to 10 days” of this Thursday to allow a fitness to plea hearing to take place.

Judge Johnson said it “just beggars belief” the case was continuing to “drag” on.

Ms McLaughlin said the State had only received medical reports from the defence before last week’s hearing.

She said she wanted to “apologise to the court” for the delays.

Judge Johnson adjourned the case until Thursday.

The men who died in the crash in Clonmany, on July 11, 2010 were Hugh Friel, aged 66, Eamon McDaid, aged 22, Mark McLaughlin, aged 21, Paul Doherty, aged 19, Ciarán Sweeney, aged 19, PJ McLaughlin, aged 21, James McEleney, aged 23, and Damien McLaughlin, aged 21.