The driver of the Bus Éireann school bus that crashed, killing five schoolgirls in Co Meath, has said that if the warning light for the anti-lock braking system (ABS) had come on he would have pulled in and contacted the garage.
John Hubble (57) told Trim Circuit Criminal Court that the bus "quivered" when he first pressed the brakes as he approached road resurfacing works on the Kentstown road near Navan on May 23rd, 2005.
Before the court are two companies which have pleaded not guilty to charges arising from the Health and Safety Authority investigation into the accident.
Judge Tom Teehan told the jury there is no link made in the charges with the events of that day and the charges relate to dates prior to the accident.
The companies on trial are Keltank Ltd., Balbriggan, Co Dublin and McArdles Test Centre Limited, Coes Road, Dundalk.
On behalf of Keltank Ltd, Sonia Kelly pleaded not guilty to two alleged breaches of the Safety, Health and Welfare at Work Act relating to the ABS. They are charged that they failed to ensure that persons not in their employment were not exposed to risk in that they failed to undertake the necessary maintenance and repair of the ABS.
The second charge alleges that as an employer with some degree of control over the bus - it being a place of work - they failed to undertake the necessary maintenance and repair of the anti-lock braking system. Both offences are said to have taken place on May 6th, 2005 at Carriage Road, Navan.
On behalf of McArdles Test Centre Ltd, Joseph McArdle pleaded not guilty to an allegation that the company failed to note the ABS warning light on the school bus was not operational while testing the bus. It is also alleged to have failed to ensure that as a workplace the bus was safe and without risk to health.
Opening the trial for the prosecution, Brendan Grehan said the driver rounded a slight curve in the road as he approached the traffic lights set up because of the road works. There were two vehicles stopped at the red light and there was oncoming traffic which had a green light.
The rear of the bus went into the path of the oncoming traffic, striking one car which then hit the car behind it. Then the bus did a 180-degree turn and as it did so large windows on one side shattered creating "large openings". A number of passengers were thrown from the bus and five were killed instantly, he said.
Mr Hubble told the jury he touched the brakes to slow down as he approached the temporary traffic lights. He was bringing 51 students home from school at a speed of 30-35mph. The speed limit was 50mph.
The first time he touched the brakes lightly he said the back of the bus quivered. He straightened the vehicle and when he touched them again the bus spun round. "I had no reason to brake hard, I just touched the brakes," he said.
He said he had attended a familiarisation course before driving the bus but did not know there was ABS on the bus. If he had seen an ABS warning light come on he would have pulled the bus in and contacted the garage.
The court heard the bulb for the ABS warning light was missing from the dashboard. A number of witnesses would say that Keltank were aware the ABS was not working and there would be evidence to show that disconnected cables beneath the bus showed signs of corrosion.
Bus Éireann and Meath County Council have pleaded guilty to other offences and will be sentenced at a later date.
The trial continues.