Cleared over crash that killed daughter
A judge and jury had heard earlier this week from witnesses who saw a van hitting a kerb, spinning twice through the air, and a child being thrown on to the road.
Melissa Delaney, aged 24, of 5 Radharc Na Fia, Convent Rd, Doneraile, Co Cork, had pleaded not guilty at Cork Circuit Criminal Court to a single charge of dangerous driving causing the death of Kathleen O’Brien, aged 4, on July 13, 2013, at Kilmona, Blarney.
At the close of the prosecution case yesterday, James O’Mahony, defending, applied to Judge Donagh McDonagh to direct the jury to find the mother not guilty on the basis of evidence that a defective tyre could have caused the van to go out of control, rather than any dangerous driving on the part of the accused.
After listening to the submission, Judge McDonagh said: “I am not convinced there is any cogent evidence of dangerous driving, it seems that control was lost by way of tyre deflation.
“I am of the view that, taken at its height, a jury properly charged could not convict.”
Judge McDonagh told the jury to find Ms Delaney not guilty by direction. He said that, in the circumstances of the tragic incident, it was reasonable to extend sympathy to the family on the death of the child.
Ms Delaney’s solicitor, Kevin Hegarty, said it had been a traumatic ordeal for both her and her entire family.
“Life has become very difficult for her. She finds it very hard to function,” Mr Hegarty said.
“Now that the case is concluded, she and her husband hope they can rebuild their lives in some shape and that this can be a new beginning for them.”
Ms Delaney is expecting a girl in early April. They have another daughter, Mary Margaret, aged 3.
In evidence, witness Donal McCarthy, the driver of a maroon Skoda Octavia, had stated he was coming from the Cork direction and indicated to turn left at the junction for Grenagh. “I heard a screech of brakes from behind me. There was a white van coming at high speed behind me. I thought it was going to hit me. It hit the bank beside me. It turned over two times, maybe more. There was something thrown from the van. Something flew out of the van. I realised fairly quickly it was a child.”
Tadhg Dorgan was driving from the Mallow direction with his mother Irene in the front passenger seat. He said: “I could see a white van fairly in the distance driving erratically, veering from side to side, zig-zagging on the road. I stopped and pulled in to the left-hand side. I could see cars swaying left and right to avoid it.
“I could see a maroon car. The van all of a sudden went inside it, went out of control, hit the embankment. There was a huge plume of dust. I then saw it turn twice in the air.
“During the rotation I saw something fly in the air. I did not know until afterwards that unfortunately it was the child. We jumped out of the car. My mother ran to deal with the girl. It was a scene of devastation and hysteria.”
