A truck driver cleared of killing five people by dangerous driving has lost his claim for costs against the State.
Judge Kieran O'Connor said the Director of Public Prosecutions was justified in taking the case against Mr Victor Teggart, whose truck crashed into a minibus carrying children to a special school on September 14th, 1998.
Two children, two care workers and the bus driver died in the crash on the N11 in Co Wicklow. Mr Teggart (26), of Markethill Road, Co Armagh, was cleared last week of five counts of dangerous driving after Judge O'Connor directed a jury to return a not guilty verdict following legal submissions by defence counsel Mr George Birmingham SC. Judge O'Connor said he would make no comment on his decision to direct a not guilty verdict and said he could not change his mind.
He was satisfied he had discretion to award costs and there was legal authority to suggest that costs could be awarded to people acquitted of a criminal charge.
However, the State had introduced a free legal aid scheme to pays costs in criminal trials if required by an accused person. He could not comment on whether Mr Teggart would have received legal aid had he applied for it.
Mr Teggart was charged with a serious offence, and he had to deal with it on that basis, he said.