A DERRY man appeared in court in Carndonagh, Co Donegal, yesterday charged with dangerous driving causing the deaths of five young people in a two-car crash in Co Donegal in 2005.
Brendan Henderson (49), Seven Oaks, Waterside, Derry, is charged with causing the deaths of Gavin Duffy (21), his cousin Darren Quinn (21), David Steele (23), Rochelle Peoples (22) and Charlene O'Connor (21). All five friends from the Inishowen peninsula, were travelling together when the crash happened in the early hours of October 8th, 2005, at Cross, Quigley's Point.
Maolisa Barr, defending, said his client, who arrived in court in a wheelchair, would be pleading not guilty to the charge.
Supt Jimmy Coen from Buncrana Garda station applied for an adjournment of the case until May when the book of evidence would be served. Mr Barr said his client, a married man, had no objections to the adjournment.
Judge Desmond Zaidan asked the prosecution why there was such a long delay in bringing the case. Supt Coen said the crash was the subject of a "comprehensive investigation", adding that the delay was also caused by the fact the accused had suffered serious injuries in the incident and "was hospitalised for a significant period of time".
This was confirmed by Mr Barr who said his client had spent nine months in hospital, both at Altnagelvin Hospital, Derry and Musgrave Hospital, Belfast following the crash.
Judge Zaidan also questioned why there was only one charge being brought by the Director of Public Prosecutions to reflect the deaths of five victims. He said it might be "more appropriate" if five separate charges reflecting the five victims were brought because in law, each charge could be tried separately. However, he said this was a matter for the Garda and the DPP. The accused, who is unemployed and living on disability allowance, was granted free legal aid.
Judge Zaidan adjourned the case to Buncrana District Court on May 20th. He told Mr Barr to address him that day in relation to how many defence counsel would be required and he told Supt Coen to address him on the issue of bail.
Supt Coen said the defendant had so far made himself amenable to the courts and he was satisfied he would continue to do so.