A WOMAN has gone on trial accused of dangerous driving causing the deaths of her niece and nephew.
Vera Murden (40) of Fatima Court, Dundalk, Co Louth, has pleaded not guilty to dangerous driving causing the deaths of her niece Jenna Murden (4) and nephew Jayden Murden (1), who were brother and sister.
Dundalk Circuit Criminal Court yesterday heard they were two of five children travelling with her in a Hyundai Santa Fe SUV which left the road and crashed into the wall of a former pub at the junction of Maxwell Row and Newry bridge in Dundalk.
The crash happened just before 4pm on January 31st, 2009.
Jenna died on February 24th and Jayden on March 10th.
A number of Garda witnesses who were at the crash scene said there were no child seats or booster seats to correctly restrain the children.
A motorist who through his rear-view mirror saw the SUV hit the building, said he had first noticed the vehicle as it passed by on the opposite side of the road because the speed it was travelling at was “excessive”. Shane Finnegan also said he saw it strike the building and he did not remember seeing the brake lights on it.
However, when Giollaiosa Ó Lideadha, defending, put it to him that the lights he had seen on the vehicle could have been brake lights that were seen on a continuous basis because a foot was continuously pressed down on the pedal, Mr Finnegan said: “That’s possible, yes.”
When Mr Ó Lideadha put it to him that he had told gardaí the speed was stupid and ridiculous rather than dangerous, Mr Finnegan also agreed with him.
The SUV was travelling towards Dundalk town centre and a junction where the road naturally swung to the left.
Mr Finnegan was the first person at the scene and said there was a lot of smoke and he saw children in the back of the car. He said they were more or less on top of one another.
The court heard he had lifted out a boy and then a girl and that other motorists who came on the scene also went to give help.
Motorist Carol Hutchinson asked Ms Murden what happened, and she replied she thought she took a fit of some sort.
Garda Seán O’Callaghan from Dundalk said there were no booster chairs or baby chairs to restrain the children. Garda Theresa Heakin also said there was no damage to the seat belts.
The court heard the other children in the car were John (10), a brother of the deceased children, Chloe (8), another niece of the accused, and Conor (8), who is a son of the accused.
Opening the case for the prosecution, Jonathan Kilfeather said it was by nature a sad and tragic case. The issue is whether the driving of the accused was dangerous, as alleged.
The trial continues before Judge Michael O’Shea.