A solicitor for the man found guilty of dangerous driving causing the deaths of eight people in the Inishowen crash tragedy has dramatically tried to stop the inquest from going ahead.
Ciaran MacLochlainn told Inishowen Coroner’s Court that the case could simply not go ahead without the evidence of Shaun Kelly.
Mr Mac Lochlainn told the court, sitting in the Inishwowen Gateway Hotel in Buncrana, that Mr Kelly, now 27, had been at every court sitting during the case and was entitled to be at the inquest.
He asked that Mr Kelly be brought to the inquest and allowed to give evidence saying it was “simply unfair” that it went ahead without him present.
However coroner Dr John Madden refused the application saying that he decided what witnesses gave evidence at the inquest.
He said that Mr Kelly remembered nothing about the accident on July 10th, 2010 saying that he could not answer any of the evidence if he had no memory of the events.
Dr Madden said he was refusing the application but said he will have the objection noted.
As the inquest started, members of the bereaved families asked who were entitled to ask questions as they had never been at an inquest before.
Dr Madden said people could raise their hands from the floor and ask questions and they would be answered as best as they could.
The first person to give evidence is Dr Gerry O’Dowd, chief pathologist at Letterkenny General Hospital.
Dr Madden said the inquest, which is being heard before a jury of four women and three men, is expected to last up to three days.
Those killed in the two car crash were Hugh Friel (66), Urris, Clonmany; Eamon McDaid (22), Ballymagan, Buncrana; Mark McLaughlin (21), Ballinahone, Fahan; Paul Doherty (19), Ardagh, Ballyliffin; Ciarán Sweeney (19), Ballyliffin; PJ McLaughlin (21), Rockstown, Burnfoot; James McEleney (23), Meenaduff, Clonmany, and Damien McLaughlin (21), Umricam, Buncrana.