THE ANTI-LOCK braking system (ABS) was not working in eight out of 18 vehicles tested by Bus Éireann four days after a crash in which five Meath schoolgirls were killed.
A jury at Dublin Circuit Criminal Court has heard that Bus Éireann provided documents to gardaí showing that tests carried out on the vehicles on May 27th, 2005, also concluded that seven of the buses had the bulb removed from a warning lamp on their dashboards. This light indicated to a driver if there was a fault with the ABS.
The jury also heard on day four of the trial that, two years before the fatal crash, the Department of Transport circulated a letter to all "heavy good vehicle testers" stating that the ABS warning lamps "must be tested" before road-worthiness could be established. The department said this regulation was in place since 1992.
One of the companies on trial for breaches of the Health and Safety Act arising from the investigation into the crash has pleaded guilty to a new charge.
Sonya Kelly, company secretary, pleaded guilty on behalf of Keltank Ltd of Balbriggan that, being aware that ABS sensor leads were disconnected, it failed to ascertain whether a hazard arose as a consequence of this before returning the bus to the driver, John Hubble, on May 5th, 2005.
The company had previously denied two charges of failing to undertake necessary maintenance and repair of the ABS on the bus on May 6th, 2005.
Judge Patrick McCartan adjourned the Keltank case to Friday next.
Brendan Grehan SC, prosecuting, said the trial would proceed in relation to McArdles Test Centre Ltd of Dundalk, Co Louth, and that at the end of the hearing a nolle prosequi would be entered in relation to the two original charges faced by Keltank.
Joe McArdle, a director, has pleaded not guilty on behalf of McArdles, to two charges of failing to note the ABS warning light on the bus was not operational while conducting a vehicle test on March 15th, 2005, two months before the tragedy.
Alan Turner, a technician whose company, Wabco, supplied the ABS on the bus, told Mr Grehan he inspected it four days after the crash and found it was not working. He said he noticed that one cable was visibly disconnected from the electronic control unit, which he described as the brain of the system.
He said the ABS warning light was not operating on the bus but accepted in cross-examination by Roderick O'Hanlon SC, defending McArdles, that he could not say if the light was working when the vehicle was tested by McArdles.
Mr Turner also told Mr Grehan that cables connecting wheel sensors and modulators, positioned on each wheel, were not connected to the electronic control unit as they should have been.
He said the ABS was not the brakes, but stopped the wheels from locking and if it was not operating properly, the normal braking system would still operate. He said he found 11 faults in the ABS, recorded by the electronic control unit. Two of the faults were current while the remainder were recorded as inactive.