Gardai have claimed that a trailer involved in a collision which killed a motorcyclist did not have a working indicator light.
The evidence was given during the opening day of the trial of Lifford man David McCauley at Letterkenny Circuit Court.
Mr McCauley, aged 36, denies dangerous driving causing the death of Hugh Shalvey at Magherasolis, Raphoe on the afternoon of October 29th, 2014.
The late Mr Shalvey, who was aged 34 and from Monaghan but married to a local woman, died at the scene.
Counsel for the State Ms Patricia McLaughlin said this was a tragic case not just for Hugh Shalvey’s family but also for David McCauley’s family.
The court heard yesterday how Mr Shalvey overtook two cars on his Honda 900 motorcycle but collided into the rear of Mr McCauley’s Toyota Landcruiser jeep as it turned right.
Gardai estimated Mr Shalvey’s speed to be 101 KPH in an 80KPH zone.
Garda evidence given in court stated that upon examination at the scene, the right indicator lights on Mr McCauley’s trailer was not working.
Upon cross-examination, Gardai did admit that there was no forensic examination of the lights at the scene.
However, in his statement to Gardai, the accused man claims that his jeep including its indicators were all in working order.
He said that on October 6th, he had his trailer checked and that all its indicators and lights were working.
The court was told that evidence will be given to the court to this respect.
In his statement Mr McCauley, of Drumleen, Lifford, told how he had slowed down to 10 MPH, looked in his mirrors three times before turning in right to a farmyard.
He said he saw two cars in his mirror but did not see a motorbike.
However, as he turned he heard a bang and was shunted forward in his jeep.
He said he looked out his window and saw the body of a man and a motorbike but remained in his vehicle because he was in shock before eventually getting out.
Garda Sgt Joe Hannigan told the court that when he arrived on the scene he saw the trailer in a jack-knifed position and the motorbike in the mouth of the laneway.
There was some slight damage and scuffing to the right side of the twin axle trailer and he noticed debris at the entrance to the farmyard.
He noticed the motorcyclist’s helmet had come off and was under the trailer and also saw a shoe further back on the road.
Further evidence was given by two other women who were traveling in different cars in the vicinity of the crash on the day.
Maura Toland from Carrickdawson, Raphoe was driving behind the jeep and was overtaken by Mr Shalvey just moments before he struck the trailer.
She looked ahead and suddenly saw the trailer turn right and then heard a loud bang as the two vehicles struck eachother.
She saw Mr Shalvey come off his bike and was lying in the road.
Brigid Gallagher from Porthall, Lifford described how it was a beautiful afternoon and how she spotted Mr Shalvey’s bike pull up as Ballinalacky Crossroads and his bike was glistening in the bright light.
She did not see the crash as Mr Shalvey drove on in the direction of Raphoe but soon noticed debris on the road.
She said she took out her rosary beads, said a prayer for the man but left the scene as she knew she could not do anything at that time.
The trial continues today.
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