Truck driver for Danny Healy-Rae firm acquitted of careless driving causing woman's death

A witness had told the court that Ms Downey stepped out on the zebra crossing as the truck was passing, and he felt the truck had 'no chance'

Danny Healy-Rae TD, owner of the plant hire firm, was present in the court for the proceedings. File photo

The driver of a truck owned by Kerry TD Danny Healy-Rae's firm has been found not guilty of careless driving causing the death of a 50-year-old mother-of-six at a pedestrian crossing in Killarney four years ago.

Seán Tangney, of Pinewood, Killarney and originally of Listry, Killarney, now aged 72, had denied one count of careless driving causing the death of Joanne Davies on July 17, 2020, at Ardnamweely, Killarney.

He had been working with Healy-Rae Plant Hire for three-and-a-half years at the time of the incident. Ms Davies, also known as Joanne Downey, was on her way to take a covid-19 test.

The jury at the Circuit Criminal Court in Tralee returned a unanimous verdict of not guilty on the fourth day of the trial after deliberating for two-and-a-half hours.

A witness in his office overlooking the Cleeney roundabout and pedestrian crossing on the N22 on the morning of the accident had told the court that Ms Downey stepped out on the zebra crossing as the truck was passing, and he felt the truck had “no chance”.

However, the trial also heard how gardaí believed the truck driver should have seen her and put the point of impact near the middle of the crossing. Investigating garda Dave Dunworth said gardaí believed the collision could have been avoided by the truck driver.

Mr Tangney, who co-operated fully with gardaí, was a professional driver who has 55 years of blemish-free driving of HGV and other trucks when interviewed.

That morning he had gone to Kilgarvan to draw gravel for an Uisce Éireann project at Lixnaw north of Tralee and was on his way back. Visibility was good on the morning, he had good eyesight and did not need glasses for driving, he told gardaí.

“If I had seen her, I would have stopped,” Mr Tangney said in an interview with Killarney gardaí in the presence of his solicitor Eoin Brosnan in February 2021. The first he knew of it was when he heard the bump and braked immediately, he said.

The Volvo truck was functioning well as was the tachograph which showed a speed of between 32km/h and 38km/h at the time of the collision in the 50km/h zone. No fault was found with the truck on examination.

The driver’s hours and rest periods were also in order. Mr Tangney was tested for alcohol at the scene and the result was negative. Neither the defendant or the deceased was using a phone at the time.

Both Danny Healy-Rae TD, owner of the plant hire firm, and county councillor Johnny Healy-Rae, its managing director, were present in the court for the proceedings.

The family of Ms Davies were visibly upset and some were crying when the not guilty verdict was given. Judge Colin Daly addressed the family and said this was difficult for them. They had suffered a great loss, the judge said, and offered them his condolences.