Driver involved in fatal crash 'appeared to be sleeping', court hears

Witnesses to a fatal car crash in Co Louth in which a Donegal man was killed and another seriously injured have said the driver appeared to be sleeping as he overtook other cars.

Oliver Shovelin of Clondallon, Rathmullen, Co Donegal has pleaded not guilty at Dublin Circuit Criminal Court to dangerous driving causing the death of Mr John Sheridan and also causing bodily harm to Ms Deirdre O'Brien at Cookstown, Ardee on July 11, 2004.

Brendan Carbury, who was travelling with his family, said he noticed a white van behind him manoeuvring "unsafely" and when it attempted to overtake him the driver appeared to have his eyes closed.

"My initial reaction was 'Oh my God, that man is asleep,' " Mr Carbury told prosecuting counsel, Mr Fergal Foley BL. "It's an image that will stay with me for the rest of my life."

Mr Carbury said he saw a VW Golf towing a horse box try to avoid the oncoming van but they collided head-on throwing the horsebox into the air.

"It disintegrated as the horse came busting out the roof and landed in front of us with its legs splayed."

John Hayles was travelling in the opposite direction and told Mr Foley he met Mr Shovelin coming down the wrong side of the road but he didn't seem to acknowledge him.

"I kept honking the horn and flashing the lights thinking the driver must be asleep because he doesn't see me on the road."

Mr Hayles said he realised the driver was awake but he was leaning back in the chair "very relaxed looking" with one hand on the wheel.

"He just looked so casual about the whole thing," he told defence counsel, Mr David Goldberg SC. He said he avoided Mr Shovelin and saw the collision in his rear view mirror.

Ms O'Brien, who was driving the VW Golf, told Mr Foley she saw the van "zig-zagging" before coming in a straight line towards her on the wrong side of the road. She said she saw the car in front swerve out of the way and she attempted to do the same.

"I remember thinking I had to move out of the way. I knew he was going to hit me but I thought if he hit me on my passenger side I might have some chance of surviving."

She said the next thing she could remember was a large bang and seeing the engine "all around my legs."

Dr John Ryan ,who carried out the autopsy on Mr Sheridan, said he died of multiple injuries including blood on the brain and heart and blocking the airway. He also had severe cuts on his chest caused by the seat belt.

The trial continues before Judge Tony Hunt and a jury of eight men and four women.