The trial of a Dublin Bus driver accused of dangerous driving causing the deaths of five people in the city centre three years ago has begun at Dublin Circuit Criminal Court.
Kenneth Henvey (50) of Whitethorn Crescent, Palmerstown, has pleaded not guilty to dangerous driving causing the deaths of two men and three women at Wellington Quay on February 21st, 2004.
Prosecuting counsel told the jury it will hear that the out-of-service bus was "without defect or fault" at the time of the incident and was parked behind another bus outside the Clarence Hotel.
The court heard 30 people were waiting to board the number 66 City Swift bus when Mr Henvey's bus was driven onto the pavement injuring 14 people and killing five.
Counsel said the alleged offence was "in essence a crime of negligence" and it would not be the prosecution's case that Mr Henvey "intended" to drive in such a manner but that he was "negligent and careless" leading to "horrific consequences".
Counsel also said the jury would hear Mr Henvey told gardaí he could not say whether the engine was running when he received the bus. He said he put it out of service to begin his drive to Lucan and "the next thing I knew the bus seemed to shoot off". He said that for "a split second" the bus was "out of control".
Mr Henvey told gardai he did not steer the bus to the left and he remembered feeling "some bumps" before it stopped.
He said in a later statement that as he went to pull out "it was like a hurricane hit" him on the right side and the bus shot straight left. He felt a peddle under his foot but could not remember if it was the brake or accelerator.
He denied he moved the bus without realising another bus was parked infront and took "avoiding action".
The court heard there was a large number of eye witnesses but that no CCTV camera had caught the incident from beginning to end.
Defence lawyers said it was admitted that the deceased died as a result of trauma caused by the impact of the vehicle.
Those who died were named as Kathleen Gilton (69) of Newtown, Maynooth, Co Kildare; Teresa Keatley (43) of Sillogue Avenue, Ballymun;
Margaret Traynor (59) of Tulip Court, Darndale; Kevin Garry (43) of Riverdale, Leixlip, Co Kildare; and Vasyl Tyminskyy (33) of Kew Park Avenue, Lucan, Co Dublin.
The hearing continues before Judge Michael White and a jury of five women and seven men.