The driver of a defective lorry which hit a mini-bus carrying 16 schoolchildren was convicted of dangerous driving yesterday.
David Sharkey (28), Dromineer, Co Louth, was fined £150 and ordered to pay £1,670 witness expenses arising out of the accident on the Naas Road, Rathcoole, Co Dublin, on February 16th last year. He had denied the charges.
Judge Desmond Windle did not disqualify him from driving because he said 90 per cent of the blame lay with his employer for allowing him to drive a defective vehicle.
Charges against the company, Peter McCabe Ltd, Collon, Co. Louth, were withdrawn because of a legal technicality in which the summonses were not issued within the six-month statutory period.
Judge Windle said he was very annoyed that the owner had got away with sending "a lethal weapon on to the road", leaving the employee saddled with all the responsibility.
Dublin District Court heard the accident involved four vehicles, including a fully laden car transporter being driven by Mr Sharkey. Icy road conditions and the fact that the Dublin side of the road had not been gritted meant driving was extremely hazardous.
A Public service vehicle inspector, Garda Adrian Tucker, found Sharkey's truck to be dangerously defective because of a small hole in a pipe for the air brakes.
Judge Windle said he had no doubt that excessive speed was a factor in the accident.