A JURY has called for a review of existing legislation following the death of an elderly woman who was fatally injured after being hit by a car driven by a garda who did not hold a driving licence.
Claire Barr (77), The Paddock, Ashtown Gate, Dublin, was killed in the incident on the Navan Road, Dublin, on September 21st, 2007, when she was struck by a car while crossing the road, Dublin City Coroner’s Court heard yesterday.
The car was driven by Garda Brian O’Connor of Blanchardstown Garda station, who was on duty and driving in a bus lane at the time.
The court heard Garda O’Connor, who was driving his own private car to the Bridewell to attend District Court 45 to prosecute a case at 2pm, did not hold a driver’s licence and that his provisional licence had expired in July 2004.
Under current legislation, there is no requirement for a garda to hold a driver’s licence while driving a “mechanically propelled vehicle” in the course of his or her duties, the inquest was told.
During legal argument in the absence of the jury, the court heard that Garda O’Connor did not have authorisation to drive Garda vehicles, had never taken part in a Garda driving course and had not sought Garda authorisation for the use of his private car.
Garda O’Connor said he was travelling at a “moderate speed” when he observed a person come out in a “hurried movement” in front of a silver people carrier.
He hit his brakes as hard as he could, but it was “too late”. “I feel there was no way I could avoid a collision with the elderly lady, although I was travelling at a moderate speed,” he told the court.
He had moved into the bus lane with the intention of turning into a nearby estate. He said he was not rushing and he was not over the speed limit.
The Garda Síochána Ombudsman Commission made a number of recommendations following its investigation into Ms Barr’s death.
They included a review by the Garda of the practice of allowing members of the force to drive either Garda or private vehicles on duty while not holding a current driving licence and a review of the policy on the use of bus lanes by gardaí in non-emergency situations.
Commission senior investigation officer Darren Wright said it was the second case involving the death of a pedestrian in a bus lane by a garda not involved in an emergency.
The commission also called for the Garda Commissioner to carry out a full audit of Garda driver qualifications to establish whether the issue of gardaí driving any vehicle in the performance of their duties with no driving licence was an isolated case or widespread.
A roads policing review conducted by the Garda Inspectorate, published in November 2008, recommended that all recent applicants to an Garda Síochána possess a driver’s licence before employment and complete a comprehensive Garda driving course during their probationer training.
It also urged the Garda to develop a comprehensive driving training programme and end the practice of driving on “chief’s permission”, where a garda can drive a Garda vehicle or a private vehicle without attending a requisite training course with the permission of the chief superintendent.
A jury of four women and three men returned a verdict of death by misadventure under the direction of coroner Dr Brian Farrell.
The jury endorsed the recommendations of the Garda Inspectorate and the Garda Ombudsman and called for a review of legislation in relation to the recommendations. It also urged a review of pedestrian facilities and the bus stop location on the Navan Road.