A Co Louth company has appeared before the District Court to face a prosecution alleging it did not notice that the ABS braking system was not operational on the school bus that later crashed killing five Meath schoolgirls.
Dundalk District Court heard yesterday that McArdles Test Centre Ltd, Coe's Road, Dundalk, will defend the case.
State solicitor Gerald Daly said the Chief State Solicitor's Office instructed him that the DPP was proceeding on indictment which means the matter must be dealt with by the higher Circuit Court.
The firm faces two summonses. The first alleges it failed to notice the ABS system on the bus was not operating while conducting a test on it; the second that it failed to ensure that, as a workplace, the bus was without risk to health.
Both are alleged to have occurred at its premises at Coe's Road, Dundalk, on March 15th, 2005. The charges follow an inquiry by the Health and Safety Authority and are brought under the Safety, Health and Welfare at Work Act.
The accident took place at Kentstown, Navan, on May 23rd, 2005. Three other bodies, including Bus Éireann and Meath County Council, have already been sent forward to stand trial at Trim Circuit Court on other related charges next month.
But Frank McDonnell, solicitor for the company, said his application was to seek statements from the prosecution and then adjourn the matter for consideration.
Judge Flann Brennan said that if the DPP elected for trial he would adjourn the matter to allow the book of documents to be served. He extended the time period for those documents to be served and put the case back to the sitting of Dundalk District Court on November 1st.