THE trial of a man
charged with dangerous driving causing eight deaths
in Inishowen nearly two years ago has been adjourned
until October.
Shaun Kelly (23), Hill Road, Ballymagan, Buncrana,
appeared at Letterkenny Circuit Criminal Court on
Tuesday where his defence team made a number of
applications and asked for an adjournment.
Defence barrister Peter Nolan BL., requested an
extension of the legal aid certificate to cover the
costs of an engineer, a psychiatric report and a
rehabilitation report. Legal aid was previously
granted to cover the cost of one junior and one
senior counsel. The court was told that the senior
counsel who will defend Mr Kelly will be Patrick
Gageby SC.
Judge Donagh McDonagh granted the defence's requests
but said he would limit the amount of legal aid to
only cover the cost of an engineer operating in the
Donegal circuit. He told the defence team they
couldn't "go heading off to the Massachusetts
Institute of Technology" for their expert witness.
Mr Nolan assured the court their chosen engineer
would be from either the West or North of Ireland.
Patricia McLaughlin BL., for the Director of Public
Prosecutions asked the court why a psychiatric
report was necessary unless there was a "fitness to
plea" issue.
Judge McDonagh told Ms McLaughlin that the
application was entirely a matter for the defence
and that the DPP had no role whatsoever in opposing
it. "It's not coming out of your pocket," the judge
said.
Ms McLaughlin said she was not opposing the
application but was asking on what basis it was
being made.
Mr Kelly, the sole survivor of the two-car crash at
Meenaduff, Clonmany, on July 11, 2010, is charged
with dangerous driving causing the deaths of Hugh
Friel (66), Urris, Clonmany; Mark McLaughlin (21) of
Ballinahone, Fahan; Paul Doherty (19), of Ardagh,
Ballyliffin; Ciaran Sweeney (19), of Ballyliffin; PJ
McLaughlin (21), of Rockstown, Burnfoot; James
McEleney (23), of Meenaduff, Clonmany; Eamon McDaid
(22), of Ballymagan, Buncrana; and Damien McLaughlin
(21), of Umricam, Buncrana.
Mr Nolan was also granted a Section 56 application
for a copy of the tape recordings of Garda
interviews with the defendant. The case was
adjourned until October 23. |
