The jury in the trial of a 43-year-old bus driver, who is charged with dangerous driving causing the deaths of two teenagers who were travelling on an e-scooter in Waterford over two years ago, has retired to consider its verdict.
The collision, which occurred on the Cork Road in Waterford city in the early hours of 27 June 2024, resulted in the deaths of Gilbert Collins and Avuzwa Sampo.
The deceased were aged 15 and 17, respectively, when the collision took place.
Adrian Doyle of Ard Glas, Abbey Road in Ferrybank, Waterford, was charged last year in connection with the incident.
He has pleaded not guilty to dangerous driving causing the deaths of the two teenagers.
The trial opened before a jury of nine men and three women at Waterford Circuit Criminal Court on Tuesday.
The jury heard evidence that Mr Doyle was driving a coach for JJ Kavanagh & Sons bus company on the morning in question.
He had just begun his shift and was about to pick up his first passengers at the South East Technological University bus stop when the collision occured at around 2am.
The court was told that data from the tachograph fitted to the bus would put the speed of the vehicle at the time of the collision in the region of 76km/h.
The speed limit for that stretch of road was 50km/h.
The road conditions were described as good but visibility was said to be poor in places.
The court heard that the two teenagers had been wearing dark clothing and were travelling on a black e-scooter that did not have a rear light.
The jury was told that the collision took place as both the bus and e-scooter moved to the right of the road and the impact occurred near the white line in the centre of the road.
Giving evidence, Sergeant Gavin Sheehan of Waterford Garda Station said he and a number of his colleagues had attended the scene.
He said the main neck of the e-scooter had been snapped and it was found at the centre of the road.
Sgt Sheehan said he could confirm that Mr Doyle had passed a roadside breathalyser test and also a test for drugs.
CCTV footage of the incident was played for the jury that showed the two boys arriving at Waterford Retail Park on an e-scooter at close to 1am.
They disembarked the e-scooter and entered Snap Fitness, a gym located within the retail park.
Approximately an hour later, footage shows them leaving the gym and getting back onto the e-scooter.
Avuzwa Sampo drove the e-scooter out of the retail park and onto the Cork Road, with Gilbert Collins to his rear.
CCTV footage was also extracted from car garages and businesses along the Cork Road, showing the boys travelling along the road in the direction of Waterford city centre.
The footage also showed the white JJ Kavanagh & Sons coach driven by Mr Doyle travelling in the same direction.
The moment of collision was captured via the onboard dashcam on the bus.
The footage showed the two boys veer to the centre of the road, before an immediate shattering of the front windscreen upon impact.
In his closing argument, prosecuting barrister Niall Storan described the case as "tragic and difficult".
He said that there was no evidence of pre-collision braking by Mr Doyle, and that the bus was in a perfect roadworthy condition.
He acknowledged that the two boys on the scooter "weren't doing what they should have been doing".
The scooter had no lights, they were on the road in the very early hours of the morning, and it was illegal for the two boys to be riding together.
He said the decisions the boys took that night "are matters of sadness".
However, the bus driven by Mr Doyle was "absolutely flying it," Mr Storan said.
He told the jury that Mr Doyle was driving 77km/h in a 50km/h zone, and he showed no signs of slowing until after the collision.
It was a straight road, weather conditions were good, and video evidence showed the area to be well lit, Mr Storan added.
He said that Mr Doyle approached a slow-moving object on the road, and could have avoided it had he been driving within the speed limit.
Senior Counsel for the defence, Kate Egan, said in her closing argument to the jury that her client is "fighting for his life".
She said Mr Doyle is a single man, unmarried, and his occupation as a bus driver was very important to him.
Ms Egan said that Mr Doyle is "appalled" by the incident, and that he recalls the CCTV footage in his mind every time he closes his eyes.
"Make no mistake, he is suffering, and he has been punished plenty," Ms Egan said.
She asked the jury to consider the dashcam footage they were shown in court, pointing out that the angle at which the footage was recorded is vastly different to the view of the road Mr Doyle had in the driver's seat.
Ms Egan said there was no risk of injury prior to "those poor kids" veering towards the centre of the road.
She said her client had no option, and he could not have avoided them.
Judge Eugene O'Kelly finished charging the jury this afternoon and they have begun their deliberations.
Source: RTÉ News · Marc O'Driscoll
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