A WOMAN has been convicted of dangerous driving causing the death of her nephew and niece two years ago.
Vera Murden (40), Fatima Court, Dundalk, had pleaded not guilty to dangerous driving causing the deaths of one-year-old Jayden Murden and his sister Jenna (4). The children were fatally injured when the SUV driven by Murden crashed into a wall at the junction of Maxwell Row and the Newry Road bridge in Dundalk at 4pm on January 31st, 2009.
Jenna died on February 24th and Jayden died on March 10th.
Dundalk Circuit Court heard there were three other children in the car – their brother John (10), Chloe (8), another niece of Murden, and Conor (8), her son. The court heard there were no child seats or booster seats nor was there any damage to the seat belts in the vehicle.
Shane Finnegan said the SUV had passed him at “excessive” speed and then he saw through his rear-view mirror that it had hit the building. He was the first on the scene and had lifted some of the children from the wreck before other motorists arrived and helped.
Carol Hutchinson said she had asked Murden what had happened and she replied she thought she had taken some kind of fit.
Dr Denis Wood, a consultant engineer retained by the defence, told the trial he had examined the car driven by Murden and had found deposits of oil in the engine intercooler. Hyundai accepted that a number of issues including a problem with oil in the engine could cause the engine to overrun or accelerate out of control.
He had estimated the vehicle had been travelling at between 81-110km/h when it crashed and would not have been able to negotiate a right turn into Maxwell Row.
Garda Sgt James Walsh, a public service vehicle inspector, told Jonathan Kilfeather, prosecuting, that in his experience droplets of oil could be found in the intercooler of vehicles that were perfectly serviceable.
The evidence concluded yesterday when Giollaiosa Ó Lideadha SC, defending, told the court a second technical expert due to give evidence on behalf of the defence was ill and unable to attend.
Addressing the jury, Mr Kilfeather said the defence had failed to produce evidence of a surge, overrun or revving of the engine out of control and that a technical examination had found no defect in steering, brakes or engine that would have caused the crash.
Mr Ó Lideadha argued that the evidence had been consistent with that of a car that was out of control. He said Sgt Walsh had accepted he did not know how much oil had been in the intercooler at the time, while Dr Wood had expressed concern the oil could have caused the engine to overrun and the vehicle to speed out of control.
The jury was entitled to infer the speed was so high it could not have been the intention of the driver to approach the junction at that speed. “It just doesn’t make sense,” he said.
The jury of eight women and four men took just over two hours to deliver its guilty verdict.
Judge Michael O’Shea remanded Murden on continuing bail until sentence in April and directed the preparation of the probation and welfare report for the adjourned date.