A garda sergeant who examined an SUV driven by a woman that had crashed claiming the lives of two children who were in the vehicle, has said he had no power to ‘compel’ its manufacturers to assist in examining the electronic engine control unit (ECU) in the vehicle.
Sgt Seamus Walsh, a PSV inspector who examined the Hyundai Santa Fe driven by the accused - Vera Murden (40) - was extensively cross examined on the possibility of defects in the vehicle by Mr Giollaiosa O Lideadha, defending, today.
Ms Murden of Fatima Court, Dundalk, Co Louth, has pleaded not guilty to dangerous driving causing the deaths of brother and sister Jenna (4) and Jayden Murden (1); they were her niece and nephew.
They were 2 of 5 children travelling with her when the SUV crashed into the wall in Dundalk on the January 31st 2009.
Dundalk circuit criminal court has already heard there were no booster seats, car seats or seat belts used in the back of the vehicle where 4 of the children, including the deceased, had been sitting.
Sgt Walsh was asked about his contact with Hyundai and in particular in relation to the defence wanting their engineering experts to examine the (ECU) in the vehicle.
Mr O’Lideadha said it was their contention that a fault could have caused the engine to accelerate out of control and the defence wanted to examine the ECU.
This was because it could show a defect that could cause an unexpected and undesired burst of excessive speed and it was possible that a record of such a defect could be on the ECU, he said.
The court also heard that to carry out such an examination would require special software and a trained technician to operate it and it any fault code may not be dated.
Sgt Walsh was told by the representatives for Hyundai in Ireland this was not possible to do because to power up the vehicle (to access the electronic unit) “would constitute a fire hazard.”
The company also said that any fault code of an apparent defect stored on the ECU “was likely to be (on the unit) as a result of the extensive damage caused by the accident,” the jury heard.
Mr O’Lideadha alleged that it seemed the company accepted that although there was not likely to be useful information on the ECU, it was possible there might be and he put it to Sgt Walsh that this was worth following up with the company.
Sgt Walsh said, “I’m not in a position to compel Hyundai or any manufacturer. I am at their mercy when I require their assistance.”
The prosecution case has concluded and the trial will resume before Judge Michael O’Shea next week.