The late Callum Dale.
A young woman who knocked down a child after he suffered an angry episode due to his Asperger’s Syndrome has told his family she will think about them everyday of her life.
Thirteen year old Callum Dale died after he was struck by a car being driven by Rachel Fullerton in Buncrana, in 2014.
Ms Fullerton, 35 went on trial at Letterkenny Circuit Court charged with careless driving causing the death of the boy.
However, after hearing almost two days of evidence on the case, Judge John O’Hagan today directed the jury to find the accused not guilty.
Ms Fullerton, from Meentahalla, Illies, Buncrana, broke down in tears at the decision.
Through her barrister, Richard Lyons, SC, she said she wanted to apologise to Mr and Mrs Deirdre and Peter Dale and their family for Callum’s tragic death.
He said “There will not be a day in her life that the Dales will not be in her thoughts and prayers.”
Judge John O’Hagan replied “I’m sure the Dales will appreciate that.”
Judge O’Hagan earlier addressed the jury and said “In order to convict in this case a jury would have to be satisfied would have to be intentional or reckless behaviour in this lady’s mind and there is absolutely no evidence in this case – not a jot at all. There was no recklessness at all. There was no intent on her part.”
The dead boy’s heartbroken mother Deirdre had told the trial how she desperately waved her hands in a bid to stop a car hitting her young son seconds before he was killed.
Ms Dale told how her son was a very smart boy and was “probably smarter than you”, as she pointed to presiding Judge John O’Hagan.
However, due to his illness, he was prone to having “eruptions” which would see him lose his temper.
The court heard Callum suffered one of these eruptions on the night he was killed on March 13th.
Callum and his dad Peter had a disagreement and the schoolboy stormed out of his home at 10 Riverdale Park, Buncrana.
The dead boy’s mother Deirdre told how she sometimes drove her son around the town in a bid to calm him down.
But instead of getting into the family’s car that night, he walked up the road and was carrying a poker.
Both were wearing dark clothing and it was dark outside, the court heard.
Mrs Callum revealed how her son had moved onto the road and she desperately tried to wave down the oncoming Vauxhall Meriva car being driven by Ms Fullerton close to Cockhill chapel.
Subsequent investigations after the incident had shown that the accused woman had not been drinking, had not been using her mobile phone and was not speeding before the accident.
The dead boy’s father Peter told the court how himself and his wife had tried their best to cope with Callum’s condition since he was diagnosed with Asperger’s Syndrome when he was eight years old.
He told how they had been advised by the health authorities to remove all knives and other objects out of reach of Callum due to his ‘eruptions’ of anger.
He said his son suffered ‘eruptions’ but stressed that he was very apologetic and contrite after the incidents.
He said that his son had threatened to take his own life on a number of occasions.
He said that each night he tried to talk to his son for an hour each night to keep him some social stimulation which he was missing because of his illness.
On the night of his death, Callum had asked him to buy him three books on the subject of religion which he had recently become interested in.
His father said he may buy him two but because of the content of the third he was reluctant to buy the last book.
Callum then became unreasonable and then picked up a fireside poker and then attacked him and pulled some hair out.
Mum Deirdre then suggested they go for a drive in the family car and Callum calmed down and left the house with his mum.
Mr Dale then went to check on his wife and child and noticed his son was very agitated close to Cockhill Bridge and Cockhill Chapel.
He approached his son and pleaded with him to get off the road but said he could not say if his son was lying or kneeling on the road but he did not see him in these positions.
He was also hit by the car and spent some days in hospital as a result of his injuries.
Mr Dale recalled “He (Callum) became agitated and moved into the road. I became concerned and I said I would get him the book but he had switched off and wasn’t listening.
“I then saw the defendant’s car coming up the road and I said “for goodness sake get off the road” but I noticed he didn’t meet my gaze.
“I can’t remember him standing or sitting. I was conscious there was car coming but those last few seconds don’t exist anymore.
“I was hit by the car because I was protecting my boy. I can’t remember being hit but I remember spinning up in the air. I remember hitting my head. The I heard screaming. I managed to turn on my back. Deirdre said “Peter, Peter, but I couldn’t get up off the floor.”