The High Court has prohibited the trial of Dennis Ludlow on charges arising from a fatal road collision after finding that the failure to preserve two truck tyres created a real risk he could not receive a fair trial.
In a judgment delivered on 16 July 2005, Ms Justice Dunne said the tyres were central to the prosecution case. The Gardaí had concluded that two tyres on the lorry Ludlow was driving were excessively worn and that their condition could have contributed to loss of control on a wet road.
The collision occurred at Roscat, Tullow, County Carlow, on 8 October 2002. It involved Ludlow’s lorry and a car driven by Darren O’Neill, who later died. The prosecution alleged Ludlow drove dangerously, causing O’Neill’s death. Two further counts alleged that the lorry was used with excessively worn tyres. These were allegations; the High Court was deciding an application for judicial review, not determining guilt.
A Garda sergeant examined the lorry at the scene and photographed the tyres. The lorry was returned to its owner that evening, and the tyres were later disposed of. Ludlow’s solicitor sought access to the tyres in January 2004. The State later confirmed they were unavailable. The prosecution argued that Ludlow knew the lorry had been returned and that photographs had been provided, and disputed that the lost evidence made a fair trial impossible.
Justice Dunne accepted that Ludlow knew the vehicle had been returned, but said he could not be expected to anticipate the importance of preserving the tyres before, at the earliest, being charged or served with the Book of Evidence. That book was served on 24 July 2003. Although there had been some delay in seeking an inspection, the judge found it did not disentitle him to relief; the tyres had apparently been disposed of shortly after the accident, and the Gardaí had also taken time to respond to the inspection request.
The judge held that the Gardaí had a duty to preserve the tyres and found no evidence that doing so would have been impracticable. She concluded that their loss created a real risk Ludlow could not obtain a fair trial. The court therefore prohibited the trial. The judgment also noted that suitable Garda guidelines on preserving potentially relevant defence evidence might help avoid similar pre-trial disputes.