THE TRIAL has started of a man charged with the manslaughter of a garda in a high-speed car crash.
Garda Gary McLoughlin (24) was killed when another car crashed into the patrol car he was driving in Co Donegal on December 13th, 2009. Garda McLoughlin died the next day from his injuries.
Martin McDermott (25), Castlegrove, Raphoe, denies the manslaughter of Garda McLoughlin. He admits a number of charges, including drink-driving and driving without insurance.
The court heard yesterday that McDermott was spotted by gardaí leaving the Grove petrol station at high speed in Bridgend, Co Donegal, close to the Border.
He was followed for more than 31 kilometres by an unmarked Garda patrol car for up to 15 minutes, to Newtowncunningham and back towards Derry.
The patrol car was being driven by Noel Jones, now a retired detective garda, who said McDermott had reached speeds of up to 170km/h during the chase on a very frosty night.
During the trial at Letterkenny Circuit Court, Peter Finlay SC, defending, accused Mr Jones of breaking the Garda code of conduct in reaching excessive speeds when he was in pursuit of McDermott.
He said gardaí had no reason to pursue McDermott for 31 kilometres for up to 15 minutes as he had had no evidence McDermott had committed any offence.
Mr Finlay quoted from the code of conduct which said “a chase at speed is only justified where it is really important to arrest”.
Mr Finlay asked if there was evidence that McDermott had robbed a bank, a petrol station or a shop and was told there was not.
Mr Jones said he had been a garda since 1977 and had been placed along the Border investigating subversive activity since 1981. “My driving was controlled at all times. I made a call and I stand by that call,” Mr Jones said.
He added that he eventually lost sight of the red Opel Astra car but came upon it two minutes later after it had crashed.
The court heard the chase ended when the Opel Astra being driven by McDermott hit the marked Garda car being driven by Garda McLoughlin at Lisfannon.
The driver of the other car was found in a semi-conscious state and a car engine was sitting across the road from him with smoke coming from it.