A Co Armagh truck-driver accused of killing five people by dangerous driving has been cleared by direction of Judge Kieran O'Connor at Dublin Circuit Criminal Court. Two children, two nurses and a bus driver were killed when Mr Victor Teggart's truck collided with a minibus on the N11 motorway near Jack White's pub in Co Wicklow. The bus was bringing children to a special school at the time.
The victims in the accident were bus driver Mr Jacky Kavanagh (49), Ms Sharon Sheehan Byrne (23), her sister Ms Fionnuala Byrne (21), Robert Cullen (11) and Kevin O'Leary (10). Mr Teggart (26), of Markethill Road, Co Armagh, had pleaded not guilty to dangerous driving causing death on September 14th, 1998.
Judge O'Connor told the jury on the third day of Mr Teggart's trial that it should return a not guilty verdict because of inconsistencies in the prosecution evidence.
His ruling came after legal submissions to him by Mr George Birmingham SC, defending, in the absence of the jury at the end of the prosecution case. He said two witnesses had said that a blue car had crossed to the wrong side of the road, which led to Mr Teggart's crash with the minibus. This conflicted with other witnesses who said that Mr Teggart had caused the crash.
Judge O'Connor said the jury could not consider a lesser charge of careless driving unless it was first allowed to consider a charge of dangerous driving causing death. Mr Teggart was therefore free to leave the court.