Denis Doherty says he broke the speed limit to ensure the safety of the schoolchildren he was driving. Pic by North-West Newspix.
A bus-driver with forty-eight schoolchildren on board said he broke the speed limit to ensure the safety of the passengers on-board his vehicle.
Denis Doherty, of Gaddyduff, Clonmany, appeared in Buncrana District Court on a charge of speeding at Tullyarvan, Buncrana on 27th March, 2015.
The court heard how Gardaí were carrying out a speed detection checkpoint when they clocked Mr Doherty’s bus doing 69km/hr in a 50km/hr zone.
Gardaí signalled for the defendant to pull over, and informed him of the speed he was doing.
Mr Doherty took the stand, and reiterated that he was forced to break the speed limit in order to avoid a serious accident.
Doherty said, “I was driving the bus, and and there was a few cars ahead of me, there was a tractor with a round bale on the back of it, and it was slowing up traffic.
“There was a continuous white line on the road, but the cars in front of me decided the overtake the tractor on that stretch of road.
“That was a dangerous manoeuvre, but I’ve been driving that bus on that road for fifteen years, and I knew there was a broken white line to safely overtake further up the road.
“When I overtook the traffic, the cars behind me where like sheep, they all followed me.
“With oncoming traffic in the other direction, I was forced to speed up in order to let the vehicles pull in safely behind me.
“If I hadn’t have done that, then there would’ve been a pile-up, my only concern was the safety of the schoolchildren on my bus, and I did what I did to ensue there would be no accident.
“Then I was pulled over by Garda Tully, he was very courteous and professional towards me, and informed me of the speed I was doing, I was unaware of what speed I was doing and explained to him what I was forced to do.
“During the time I was pulled in, at least 10-12 cars flew past me.”
Inspector Garda Michael Harrison said he was ‘flabbergasted’ at the driver’s account of the events which occurred.
Inspector Harrison said, “I’m absolutely flabbergasted by your evidence, I’ve never heard anything like it before.
“You’re telling me that you broke the speed limit by 20km to ensure the safety of children?
“Are you being serious? You had no idea what speed you were doing and you accelerated the vehicle you were driving.
“You could’ve slowed down after you overtook the vehicle, and pulled in and let the other cars pass, but you accelerated.”
But Mr Doherty responded by saying, “I’m a professional driver, my job is to ensure the safety of the children, if I hadn’t of speed up to let the other vehicles pull in behind me safely, then there would’ve been a huge pile-up and a serious accident.
“That’s my job, I ensured their safety and I had to take that action in order to avoid an accident.”
Inspector Harrison said, “It was very, very professional, you hadn’t a notion what speed you were doing, and you’re not responsible for the vehicles behind you.
“You broke the speed limit, yet you stand here claiming it was to save lives, how can you justify your actions when you had schoolchildren on your bus.
“It was reckless, you broke the law.”
Solicitor for the defendant Ray Lannon said there was similarities between his client and Chesley Sullenberger, the pilot hailed a hero after he crash landed the jet he was flying into the River Hudson in 2009.
Mr Lannon said it was a big call for Inspector Harrison to be questioning the integrity and professionalism of his client.
“He knew the road well, and waited until it was safe to overtake a slow moving vehicle, he’s been driving this bus for fifteen years.
“The safety of the children was paramount to my client, and he was faced with two evils, and took the lesser of those evils to ensure there wasn’t an accident.
“Seven years ago, when that pilot in the US took evasive action by crash landing in the River Hudson, people would’ve labelled that manoeuvre as crazy and reckless.
“But he saved lives and he’s now hailed a hero in the US for his actions, he saved the lives of everybody on board.
“What my client did was a necessity of circumstances, he believes that if he didn’t accelerate to let the cars behind him pull in, then there would’ve been a serious, serious pile-up.
“There was two evils he was faced with an he took the lesser of those, he was in control of the situation.”
Judge Paul Kelly decided to adjourn the case until May 12th.