Louth tractor driver cleared of all charges following crash which claimed life of Declan Nerney band member
A 27-year-old tractor driver has been found “not guilty” of all charges in a trial following an early morning collision which claimed the life of a drummer in a popular band.
James Campbell, Lurgangreen, Dundalk, was accused of dangerous driving causing the death of Christopher Bradley and of dangerous driving causing seriously bodily harm to Jerome McBride.
Both men were members of country singer Declan Nerney’s band and passengers in a car driven by another band member Bob Hunt which hit a tractor driven by Mr Campbell on the M1 in Co. Louth.
The three musicians were returning from a gig when the incident occurred shortly before 2am on October 14, 2023.
Both vehicles were travelling northbound. Mr Campbell was behind the wheel of a Massey Ferguson 8S.265 which had a seed hopper to the front and a power harrow to the rear.
Mr Hunt’s grey Toyota Avensis collided with the back of the tractor, and Mr Bradley, a front seat passenger, passed away from his injuries. He was pronounced dead at the scene.
Both men wore seat belts, while Mr McBride was unrestrained in the back. He suffered fractures to his right shoulder, ribs, nasal bone and broke two front teeth.
A jury at Drogheda Circuit Court was told that the prosecution was not contending that Mr Campbell was at fault for the manner of his driving, rather it was the condition of the vehicle which was an issue.
The State presented evidence that the seed hopper obscured the tractor’s headligts as did the harrow in respect of the rear lights. Lights had been attached to the harrow following its purchase.
It was accepted that these lights were in breach of regulations as they were too close together, and the prosecution argued that this may have contributed to a “looming” phenomen where a vehicle ahead appeas narrower in the distance becaue of the narrowness of the lights and then gets bigger as the approaching car gets closer.
The court heard that both drivers passed sobriety tests and that neither had penalty points nor disqualifications.
The 231 LH-registered tractor was entitled to be on the motorway as it was capable of a speed more than 50kmh.
Its lights were on as were two rotating amber lights on the roof and two lights on the back of the harrow.
A member of the Garda Collision Investigation Unit said that the “looming” and narrowness of the lights may have caused driver confusion.
The needle on the car’s speedometer was “frozen” at between 100kmh and 140kmh following the crash.
Evidence was given that the tractor was 3.23m wide. A width of 3.5m was allowed for a tractor with flotation tyres. Including the equipments its length was 11.03m.
The harrow was 3.52m wide including the tines (metal teeth, spikes, or blades attached to the frame). The limit is 3m.
A chartered engineer for the defence said that all the lights on the combination could not be ignored. He did not believe that “looming” was introduced by the narrowness of the lights.
James Campbell, who has no previous convictions and was fully licenced and insured, was working for his boss David Byrne, of P&D Byrne Ltd, Stabannon, Co. Louth, who owned the tractor.
He had joined the M1 at Junction 12 and intended to leave at Junction 14. The collision occurred in Lane 1 of the roadway just after Junction 13, at Mooremount, Dunleer. Each northbound lane of the motorway was 3.9m wide.
A lorry driver travelling in the same direction came upon the incident moments after it occurred and dashcam footage from his vehicle was played to jury.
The accused man phoned emergency services from the tractor after he felt it being pushed forward and heard screams.
The front left part of the car had struck the rear right of the harrow. There was no evidence of braking.
The first ambulance arrived at 2.06am. An advanced paramedic said that she spoke to the car driver who said that there were three people in the Avensis and gave their names.
A fire officer who arrived at 2.11am testified that he told Mr Campbell to turn off the tractors lights so that they wouldn’t distract other drivers on the motorway from seeing the emergency vehicles lights.
The death of Mr Bradley was confirmed at 3.37am by a doctor called to the scene.
Bob Hunt gave evidence that he was driving at between 60 and 70mph. His two passengers were asleep.
He had no specific memory of the journey from paying at the toll bridge until the crash.
He remembered “something coming” and hitting something.
He couldn’t explain not braking and when it was put to him that he may have nodded off, he replied, “No, categorically no”.
When pressed on this by the defence, Mr Hunt replied, “I can only say how I felt when paying the toll. I was wide awake.”
He added that he wasn’t tired and was concentrating on getting to Junction 16.
In her closing speech to the jury, prosecuting counsel Miska Hanahoe, instructed by Louth State Solicitor, Fergus Mullen, said that this was a very sad case. It was a tragic accident.
Even though it was late at night everyone was coming from their work.
A “huge machine” was on the motorway. There was no evidence that Mr Hunt fell asleep.
The harrow, which had a CE plate, was safe for its intended use but was not exempt from the rules of the road.
Its lights were too narrow. The lights indicated the width of a vehilce.
Defence counsel John Berry SC, with barrister Jim McCullough, instructed by solicitor James MacGuill, sibmitted that the tractor and heavy part of the harrow were the same width for all intents and purposes.
Mr Campbell didn’t order or fit the harrow. Neither did he own nor buy it. He was driving for someone else, through that didn’t absolve him from his responsibilities.
Mr Berry recalled the evidence of a fire officer who responded to the incident. He said that the tractor’s lights were visibile for a mile to a mile-and-a-half away.
It was impossibke not to feel sympathy for everybody involved.
After deliberating for 46 minutes, the jury returned with a unanimous “not guilty” verdict on each charge. One of the 12 jurors had been discharged before the start of the case as they knew one of the prosecution lawyers.
Judge Sinéad McMullan said that it had been a difficut trial and she expressed her condolences to Mr Bradley’s family who had been present throughout the five-day trial.
Turning to James Campbeel, the judge told him that he was free to go.