A MAN charged in connection with the deaths of a fireman and garda who were fatally injured while attending the scene of a road crash, could face a retrial after a jury failed to reach a verdict in his case.
Niall Shannon, Lenamore, Ballylongford, Co Kerry denied dangerous driving causing the death of Garda Brian Kelleher and fireman Michael Liston at Barrigone, Foynes, Co Limerick on February 25th, 2007.
During the nine-day trial at Limerick Circuit Court, the jury heard evidence that the 20-year-old, who was over the legal alcohol limit, drove through the scene of a single vehicle crash at speed and struck the fireman and garda.
The court heard that a breath test carried out on the night showed that Mr Shannon had 55 micrograms of alcohol in his breath per 100 millilitres of breath and that the legal limit for driving was 35 micrograms.
Mr Shannon had left his home to drive to Limerick at 4.30 on the morning of the fatal collision, following a night out with friends in Listowel. He denied driving with excess alcohol, but the jury in his trial returned a unanimous guilty verdict on this charge yesterday.
Following almost five hours of deliberations however, the jury returned shortly before 5.30pm and said it could not reach a decision in relation to the dangerous driving charge.
When asked by Judge Carroll Moran, the foreman of the jury said there was no prospect of either a majority or a unanimous verdict being reached.
Before retiring yesterday the jury was told that it had the option of convicting Mr Shannon on a lesser charge of careless driving.
Judge Moran adjourned sentencing in relation to the drink-driving charge until October 31st next when it is due to be mentioned. Counsel for the State Michael Collins asked that the dangerous driving charge be discussed at a future hearing, pending further instructions from the Director of Public Prosecutions.
In a statement issued after the proceedings, Limerick County Council, which has responsibility for the fire service, said the local authority's thoughts were with the families of the deceased men at "this difficult time".
"The people of County Limerick lost two fine public servants in firefighter Liston and Garda Kelleher," the statement said.
"Limerick County Council would like to thank all the firefighters involved for both their professionalism and competency on the night of the incident on 25th of February 2007 when we lost close colleagues, and for the way in which they aided the State in the prosecution of this case."
In his closing speech to the jury, Anthony Sammon SC, defending, said Mr Liston and Garda Brian Kelleher had not been properly protected while they were carrying out their duties on the night of the fatal collision.
Mr Sammon said the road where the men were working at the scene of the first collision should have been closed and he described what was done at the scene as "utterly shambolic".
He said it was ridiculous that firefighters were not allowed to stop traffic and questioned how a situation of "such ambiguity" was allowed to exist.