Murder accused speeding in car when he hit victim, court hears

A Dublin man accused of murder is estimated to have been driving between 66 and 81km per hour in a 50km zone when he hit his alleged victim, a court has heard.

Anthony O’Reilly, aged 22, with an address at Cleggan Park, Ballyfermot, Dublin, is charged with the murder of Daniel McDonald, aged 21, on Main Street, Arklow on February 2, 2007.

O’Reilly has pleaded not guilty to murdering Mr McDonald, dangerous driving causing the death of Mr McDonald and intentionally or recklessly grabbing the steering wheel of Jenny Tobin’s car causing it to swerve in the direction of Mr McDonald.

Garda Edward Davern told the Central Criminal Court at Dublin that, from assessing CCTV footage taken on the night and measurements in the street, he estimated O’Reilly’s red Honda Civic was travelling at speeds of between 66 and 81km per hour when the car hit Mr McDonald, flinging him 32.8 metres down the road.

The jury of six men and six women heard there were no brake marks on the road but there were acceleration “scuff-marks” consistent with a vehicle accelerating away.

At the point leading up to the impact, which is on a bend in the road, there were faint lines, not the full width of a car tyre, suggesting the vehicle weight shifted to take the bend.

There were then “grind marks” consistent with a pedestrian bollard which was found jammed under the Honda Civic when it stopped.

Evidence has been given that after the car hit Mr McDonald, it impacted with pedestrian bollards and a building, bouncing off and coming to rest on the road.

Mr Davern told the court it appeared a brake light had come on in the Honda before the impact with Mr McDonald.

Mr Davern told Mr Justice Kevin O’Higgins and the jury the bend could safely be taken at a maximum speed of 103km per hour.

Under cross-examination by Mr Blaise O’Carroll SC for O’Reilly, Mr Davern said he could not say whether that would require a “Michael Schumacher” driver or an average driver.

He said he had not looked at driver reaction times, but from looking at CCTV footage the vehicle seemed to have changed course when Mr McDonald came into view.

“When the person was in view, close to the centre line of the road, approximately a short time after that the car is shown to change course so that is a possible reaction,” Mr Davern said.

The jury were given photos taken of the street to show visibility, but Mr Davern told Mr O’Carroll they had not been taken at the height a driver would be sitting at.

He agreed cars parked on the side of the road would have meant Mr McDonald’s upper body only would have been in view before he came into full view for a matter of 2.06 seconds.

He agreed it was one second between when Mr Mc Donald would have come into full view and when the Honda changed course, and said this was a quick reaction.

He also said O’Reilly may have had a “heightened expectancy” because of the earlier events in the night.

The court has heard O’Reilly and Mr McDonald got into a fight in Arklow’s Rascals nightclub and were thrown out.

The fight continued on the street with O’Reilly getting into a black car demanding the driver, Miss Tobin, drive him away as Mr McDonald kicked at the window and got his foot stuck.

Mr McDonald freed his foot and the car drove off, the court has heard, but it returned into the main street with O’Reilly allegedly reaching over to grab the steering wheel and force it in Mr McDonald’s direction near the footpath.

O’Reilly then got out of Miss Tobin’s car and into his own red Honda Civic, driving up the main street, turning and coming down it at speed, hitting Mr McDonald, the court has heard.

The trial continues.