Judgement reserved in council's bid to halt road death probe

The Health and Safety Authority has argued before the High Court that it is legitimately entitled to conduct an investigation into a road traffic accident in Co Donegal that claimed the life of a 22-year-old woman.

Today on what was the second day of Donegal County Council's High Court action aimed at preventing the HSA from holding an investigation into the death of Sinead McDaid, Shane Murphy SC for the HSA told the court the HSA is entitled to conduct an inquiry as a result of a number of concerns expressed to it.

Ms McDaid, from Carndonagh, lost her life following a single-car crash after her car skidded on the evening of June 12, 2001.

The accident occurred in the townland of Dunross, between Culdaff and Malin in Donegal's Inishowen Peninsula where Donegal Co Council had been carrying out resurfacing works.

The McDaid family have conducted a long-running campaign to have the matter fully investigated.

In judicial review proceedings Donegal Co Council is seeking orders prohibiting the HSA from conducting an investigation into the accident. The council claims that the HSA has adopted unfair procedures in the manner in which it has opened the investigation, and that the investigation is oppressive.

Following the conclusion of submissions from both parties Mr Justice Nicholas Kearns presiding said he was reserving his decision and would deliver judgment in due course.

Yesterday Mr Murphy said that HSA, which had previously declined to investigate the accident, decided to conduct an investigation after it had received new information.

Counsel said that the HSA decided to investigate claims including that the road where the accident occurred was swept of loose chippings and that additional signage had been erected after the fatal accident had occurred.

Counsel added that it is entitled to investigate on grounds including that the site of the accident remained a place of work until the resurfacing job had been fully completed.

Counsel said that the site had not been "demobilised," and could be investigated under provisions of the 2005 Safety, Health and Welfare at Work Act.

James O'Reilly SC for the Council argued that the HSA had "exceeded its jurisdiction" by deciding in late 2006 to conduct an investigation. Counsel said that the scene of the accident was not a place of work.

On date of the accident resurfacing work started on the site at 8am, and had finished by 11am. The road was fully opened to traffic users by 3pm that afternoon. The tragic accident occurred at 8pm that evening.

Yesterday counsel said that it was accepted that the scene of the accident was swept for loose chippings the day after the accident occurred, and that additional lighting was also placed following the tragedy. However counsel said that did not change the fact that the scene "was not a work in progress."

The court heard that the accident was initially investigated by the Gardaí and the National Authority for Occupational Safety and Health. Arising from those investigations no action was taken against any party.

However Ms McDaid's family, including her parents Sean and Magdalene Farren, were unhappy with those probes, and claimed that the scene was not properly preserved and there was "a cover up". They made representations to both politicians, including MEP Jim Higgins and to the HSA.

A second Garda investigation was held into the matter, in the form of a review of the initial Garda investigation. Again no action was taken against anyone. However under an established protocol the Garda contacted the HSA in relation to the matter.