A Bus Éireann driver who was accused of careless driving was cleared yesterday after a judge heard evidence that his Volvo-made vehicle accelerated without warning.
Technical experts and experienced drivers had told the court that there was a catalogue of problems with similar Bus Éireann vehicles due to an unexplained over-revving of the engine.
Billy Costine (52), William Street, Waterford, was charged in connection with the incident in December 2003 when the bus he was due to drive to London suddenly accelerated as it left the bus terminal in Cork.
Two cars were damaged in the incident and the bus involved was badly crushed when it ploughed into a second bus before coming to a halt.
On the opening day of the trial, witnesses on the bus said the vehicle rushed forward immediately and without warning.
Yesterday at Cork District Court, Judge Con O'Leary heard evidence from several bus drivers stating that they had experienced "power surges" in Bus Éireann buses.
One incident, involving a similar vehicle in Tramore, saw the driver advising Bus Éireann that he would not drive the bus again.
Drivers Mark Fitzgerald, Peter Whelan and Martin O'Callaghan all gave evidence of "mystery power surges" on Volvo buses in the Bus Éireann fleet.
Mr Costine told Judge O'Leary that as he began moving off from the bus station at Parnell Place, in Cork city centre, his bus violently took off.
"All I know was that it was nothing like the normal procedure - I was powerless - the bus was driving me.
"I felt enormous power in the engine. It felt as if it was a torpedo under me - I felt the brake was ineffective.
"When the bus came to a stop I sat there and shook my head. I thought it was a bad dream - I was in total amazement - we were very lucky," he said.
John O'Sullivan, mechanical engineer for the defence, told the court that during his examination he found there was a possibility that the computer system was at fault.
During highly technical evidence on the first day of the trial John Thorpe, of Irish Commercials, told the court that the throttle for the Volvo bus was operated by a computer system.
The system allowing acceleration was a fly-on-the-wall system similar to that in fighter jets.
Mr O'Sullivan told the court that there were well-documented instances where there was no explanation for faults and that it was assumed the problem was a computer glitch.
Following this evidence, Judge O'Leary recalled Mr Thorpe to the stand to question him about several incidents which occurred with a similar bus in the Bus Éireann fleet.
The bus involved in the crash was VP112 but vehicle VC96, according to Mr Thorpe, had a "lot of problems".
"There was a surging problem - I never witnessed it but the agent in England had the same problem," he said.
He told Judge O'Leary that after an investigation of over a year and a half, no explanation had been found to explain the power surges.
Judge O'Leary dismissed the case immediately and explained that because of Mr Thorpe's evidence "there is a doubt arising".
"This is supported by the witnesses who said that there was a surge forward," he added.