Cowen takes up case of woman's fatal crash in 2001

THE TAOISEACH is examining “as a matter of urgency” progress in the investigation into the death of a Donegal woman in a road incident eight years ago.

The European Parliament also confirmed on Monday its Petitions Committee had formally initiated an investigation into the circumstances surrounding the death of Sinéad McDaid in 2001.

Ms McDaid (22), Cardonagh, Co Donegal, died after her vehicle went out of control on a straight stretch of road near Culdaff village in June 2001. Donegal County Council was carrying out resurfacing works at the time.

Her car hit loose chippings, skidded and went down an embankment, landing on its roof in a field. She died in an ambulance en route to Altnagelvin hospital in Derry.

Her parents, Seán and Magdelene Farren, have contended since that road signs warning of the loose chippings were inadequate as they were hidden in long grass. They also argue their daughter died at a workplace and so her death should be investigated by the Health and Safety Authority (HSA).

The HSA agreed in 2006 and attempted to investigate the death but its powers to do so were challenged by judicial review instigated by Donegal County Manager Michael McLoone. Judgment in that case has been reserved. The HSA says only it must await judgment before proceeding.

Also in 2006 the Garda reopened its investigation into the death. However, the co-operation of senior council staff was withdrawn on instruction from Mr McLoone as it was “felt by the council to be an oppressive and unfair procedure” according to Mr McCloone.

A file was sent to the Director of Public Prosecutions. However, the DPP has not initiated a prosecution. Mr Farren wrote to Taoiseach Brian Cowen last month posing questions he and his wife want answered, including: “How did the DPP come to its decision without the facts as Donegal County Council refused to co-operate [with gardaí]?”

He also asked, referring to the judicial review taken by the council challenging the HSA’s power to investigate: “Can Donegal County Council use taxpayers’ money to delay the HSA investigation and prolong our agony? It has been almost eight years since we lost our daughter Sinéad.”

Through Freedom of Information legislation, Mr Farren says he has ascertained that there was no project supervisor for the works being carried out by the council at the time, nor was there either a risk assessment or a health and safety plan in place.

Mr Farren asked the Taoiseach: “Why was Meath County Council prosecuted for failing to have a [risk assessment and a health and safety] plan in place regarding the Kentstown bus crash where five children lost their lives? Donegal County Council is just as guilty yet no action is taken.”

Donegal County Council had no comment last night.