Adrian McCool was cleared by the jury. Pic by North-West News-pix.
A ROADS engineer with Donegal County Council has been found not guilty of dangerous driving causing death.
Adrian McCool, from Old Armiran, Stranorlar, had pleaded not guilty to the charge before a jury at Letterkenny Circuit Court.
After a three-day trial, a jury of 11 people, took less than 50 minutes to reach their verdict.
Builder and farmer John O’Donnell, 53, died in the collision at Cappry, Ballybofey on November 13th, 2013.
Mr McCool had pleaded guilty to three road traffic offences relating to the same incident including failing to have lights on a sheep trailer on the night of the crash and dangerous parking.
However he had denied causing death by dangerous driving.
The court heard how Mr McCool had pulled over on the road around 7.35pm that night after a tyre on the trailer suffered a puncture.
He had been calling the trailer’s owner to ask about a spare wheel when the incident happened.
The jury heard that Mr O’Donnell was driving on the same side of the road where Mr McCool had parked his vehicle and trailer.
The state had argued that Mr O’Donnell couldn’t see the trailer because it had no lights on it, he was forced to take evasive action and he then crashed into an oncoming jeep being driven by another local farmer Terry Temple.
Mr O’Donnell died at the scene, Mr Temple was injured and Mr O’Donnell’s nephew Dylan McGlynn was also hurt.
During the trial Mr McGlynn, now 18 sobbed as he told the court about what happened on the night of the crash.
He and Mr O’Donnell had been travelling to Castlederg to feed cattle when the incident happened.
“I saw a jeep coming in the other direction. We didn’t see the trailer until the last minute,” he said.
“I remember the wing mirror coming off and there was a bang.”
He was asked what his uncle had done.
“He put his arm across in front of me,” said Mr McGlynn.
When the van came to a halt, he said he tried to speak to his uncle but didn’t get a response.
He said Mr McCool came over to the van and told him to go and get help.
The driver of the oncoming jeep, farmer Terry Temple, said Mr O’Donnell’s VW Caddy had careered into his driver’s door.
He said he had tried to avoid Mr O’Donnell’s van but couldn’t.
When the verdict was read out Mr McCool bowed his head whilst relatives wept beside him.
Judge O’Hagan said he would sentence Mr McCool on the other three charges in April.
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