The High Court refused an application to prohibit a criminal trial over a fatal crash on the M4, finding that the accused had not shown the loss of two lorries created a real risk of an unfair trial. The court also said it would have refused relief because the inspection request and judicial review application were delayed.
The judgment, delivered by President of the High Court Kearns on 23 June 2011, concerned a crash near Barrogstown, Maynooth, shortly before 9am on 20 November 2008. An articulated lorry driven by James Rynn struck the back of a coal truck travelling in the same direction. The coal-truck driver died at the scene after suffering severe head injuries.
Rynn was charged with dangerous driving causing death under section 53(1) of the Road Traffic Act. He sought judicial review to stop the forthcoming trial, arguing that the Gardaí had failed to preserve evidence by allowing both vehicles to be released from storage before his engineer could inspect them.
The engineer said he could not give a definite account of the crash without examining the vehicles. Rynn’s case included the possibility that a loose driveshaft had damaged a wheel on his lorry and that driveshaft failure may have caused the coal truck to stop suddenly. The judgment noted that the engineer linked a road gouge mark to the driveshaft and observed damage to a tyre on Rynn’s lorry. These remained proposed explanations; Rynn’s own affidavit did not say what he believed caused the crash.
The court said Rynn had not engaged specifically with the evidence. Its focus, the judgment said, was on a possible failure in the coal truck, rather than a claim that a mechanical failure in Rynn’s own vehicle caused the collision. The judge said the prosecution evidence could be challenged and the engineer could still give evidence about possible causes. The court concluded that no defence had been closed off and this was not an exceptional missing-evidence case warranting prohibition.
The judgment also cited delay. Rynn was charged in October 2009, but his first request to inspect the vehicles was made on 31 March 2010. The judicial review proceedings began on 25 August 2010, after he had been returned for trial in February. The court said the request and application were not made promptly and that prosecutors could not be expected to store large vehicles indefinitely.
The court refused the requested prohibition. Its ruling addressed whether the trial should be stopped; it did not determine Rynn’s guilt or innocence.