Judge quashes decision to exclude HSA report into fatal road accident

The High Court has today quashed a coroner's decision to exclude a Health and Safety Authority (HSA) report at the inquest into the death of a 22-year-old woman in a traffic accident.

The court heard that the HSA's report found that the cause of the accident, which claimed the life of Aisling Gallagher from Achill, Co Mayo, was due to the surface of the road. However the conclusions of that report are disputed by Mayo Co Council.

At the High Court today, Mr Justice Liam McKechnie ruled that South Mayo Coroner John T.D O'Dwyer decision of April 19, 2008 to exclude a HSA report from the inquest was "legally incorrect" on the grounds that no reasons were provided and set aside the decision.

The action was brought by Aisling's mother Ms Kathleen Gallagher, of Askill, Bunacurry, Achill, Co Mayo.

The court heard that Aisling was killed after the van she was driving was involved in a collision with a cement mixer lorry at Mulranny on the N59 Newport to Mulranny Road in Co Mayo on December 22, 2004.

In the action Mrs Gallagher was seeking declarations including that the Coroner is obliged to call all available relevant evidence and that by rejecting the HSA's evidence he has acted in excess of jurisdiction.

The National Roads Authority and Mayo Co Council are notice parties to the proceedings.

Mayo Co Council which disputes the HSA's report and denies any liability in the death of Ms Gallagher argued that the coroner's decision was correct as should not have been interfered with.

The NRA, which the court heard has serious concerns about the accuracy of the HSA report, had taken a neutral stance to the proceedings.

In his judgment Mr Justice McKechnie said that it was difficult for the court to identify reasons why the coroner had refused to allow the HSA report to be used in the inquest.

The matter is now remitted back to the coroner.