The trial of a Dublin Bus driver accused of dangerous driving causing the deaths of five people in the city centre three years ago has begun at Dublin Circuit Criminal Court.
Kenneth Henvey (50) of Whitethorn Crescent, Palmerstown, has pleaded not guilty to dangerous driving causing the deaths of two men and three women at Wellington Quay on February 21st, 2004.
Thomas O'Connell SC, prosecuting, told the jury in opening the case it would hear that the out-of-service bus was "without defect or fault" at the time of the incident and was parked behind another bus outside the Clarence Hotel. He said 30 people were waiting to board the number 66 City Swift bus when Mr Henvey's bus was driven onto the pavement, injuring 14 and killing five.
Mr O'Connell said the alleged offence was "in essence a crime of negligence" and it would not be the prosecution's case that Mr Henvey "intended" to drive in such a manner but that he was "negligent and careless" leading to "horrific consequences".
The jury would hear Mr Henvey told gardaí he could not say whether the engine was running when he received the bus. He said he put it out of service to begin his drive to Lucan and "the next thing I knew the bus seemed to shoot off". He said that for "a split second" the bus was "out of control".
Mr Henvey told gardaí he did not steer the bus to the left and he remembered feeling "some bumps" before it stopped.
He said in a later statement that as he went to pull out "it was like a hurricane hit" him on the right side and the bus shot straight left. He felt a pedal under his foot but could not remember if it was the brake or accelerator. He denied he moved the bus without realising another bus was parked in front and took "avoiding action".
Mr O'Connell said there was a consensus among eye-witnesses that the bus seemed to move fast.
He said it would be the prosecution's case that Mr Henvey had his foot on the accelerator "for whatever reason, I suppose human error, and that the gears were engaged".
Mr O'Connell said that two other Dublin Bus drivers had driven Mr Henvey's bus earlier the same day and would give evidence that they had experienced no problems with it.
The jury would hear that 12 days prior to the incident the bus had been examined by a mechanical inspector for Dublin Bus and that it was found to be in working order.
Mr O'Connell said Mr Henvey picked up the bus at Wellington Quay at about 1.15pm to drive it to Lucan and begin his route back into the city centre.
Another Dublin Bus driver would tell the jury that he had parked the bus and got off it, leaving the engine running for Mr Henvey to pick it up. He would say he left the automatic bus in "neutral" but has "some doubt about that" and later told the investigating team he may have left it in "drive". Mr O'Connell told the jury the bus would not move as long as the hand brake was on.
The jury would hear that a City Swift bus pulled in and parked in front of Mr Henvey's bus and that a queue of passengers moved to board it.
Mr Henvey's bus then drove up on to the pavement alongside the City Swift bus, knocking down a bus-stop, damaging a post box, bin, lamppost and striking a traffic sign. Three people in the queue had boarded the City Swift bus, 14 were injured and five died.
Mr O'Connell said there was a large number of eye-witnesses but that no CCTV camera had caught the incident from beginning to end. He said the Volvo Alexander double-decker bus had safety features, including the need to depress the brake pedal in order to change gear.
The jury heard the bus carried a device similar to a "black box recorder" found on aircraft and when examined showed no electronic faults. A simulation was carried out on March 7th, 2004, at the scene of the incident with the offending bus to discover the speed and conditions required to have caused it. It revealed that when the wheels were turned towards the kerb with the hand brake off and no acceleration the bus mounted the kerb.
Mr Patrick Gageby SC told the jury the defence admitted that the deceased died as a result of trauma caused by the impact of the vehicle.
Mr O'Connell said the top half of one of the female victim's bodies was "completely flattened" and that the others died of "traumatic crush asphyxiation".
They were named as Kathleen Gilton (69), Newtown, Maynooth, Co Kildare; Teresa Keatley (43), Sillogue Avenue, Ballymun; Margaret Traynor (59), Tulip Court, Darndale; Kevin Garry (43), Riverdale, Leixlip, Co Kildare; and Vasyl Tyminskyy (33), Kew Park Ave, Lucan, Co Dublin.
The hearing continues.