Jurors hear how passengers shouted warnings at Donegal driver in fatal Derry crash

The jurors in the trial of a Co. Donegal construction worker who was the driver of a minibus which crashed into a stationary motorcycle outside Altnagelvin Hospital on the outskirts of Derry almost five years ago, have been told how passengers in the vehicle shouted at the driver to stop just seconds before the vehicle collided with the motorcycle fatally injuring the motorcyclist.

Thirty years old Shane Declan Gallagher from Ein Karem in the townland of Rossbracken near the village of Manorcunningham has pleaded not guilty at Derry Crown Court to causing the death of forty-five years old motorcyclist  Gordon Curry by driving dangerously in the early hours of February 22, 2021. He has however pleaded guilty to causing Mr. Curry's death by careless driving.

The defendant was transporting seven work colleagues, most of them from Donegal, to construction work on a building site in Belfast when the accident occurred.

One of the passengers in the Ford Transit minibus, David Moore, in his statement to the police which was read to the jurors, said he saw the same motorcycle most days on the same route. He said the motorcycle had two wheels at the front and one behind and the motorcyclist was wearing a reflective top.

Mr. Moore said as the minibus approached the traffic lights at the road junction immediately outside Altnagelvin Hospital he heard one of his fellow passengers shouting "lights, lights, lights". He said the traffic lights were red and he saw the motorcycle stopped at them. He said the defendant did not stop and the next thing he felt was the impact. He and several of his colleagues jumped out of the van and went to the assistance of Mr. Curry before the police arrived at the scene.

Another passenger in the minibus, Stephen Dowds, in his statement said minutes before the collision the motorcyclist had overtaken the minibus. He said as the minibus approached the junction the first set of traffic lights were green but the second set were red. He heard someone shout "lights" and when he looked ahead he saw the motorcycle stopped at the second set of lights.

Mr. Dowds said there was "zero reaction" from the defendant "who never flinched". He said he "thought the defendant's head was somewhere else". He said there was then a loud bang, the airbags inside the van were deployed and there was smoke everywhere. Mr. Dowds said the  motorcyclist "had a reflective work jacket on".

He said as he and his colleagues tended to Mr. Curry who was prone on the road, other motorists drove past and he was concerned that someone would "drive over the casualty". Referring to the defendant he added "whatever was in his head that morning he just wasn't with it".

A third passenger in the minibus, Frank Gillen, told the jurors that based on his experience of being a frequent passenger in the minibus driven by the defendant "I could not fault his driving". He said he twice offered to drive that morning but the defendant said he was okay to drive.

Mr. Gillen said he was a front seat passenger in the minibus sitting beside the defendant. He too saw the motorcycle overtaking the minibus minutes before the collision. He said as they approached the traffic lights he shouted at the defendant "watch the lights". The first set were green and the second set red.

Mr. Gillen said when  he saw the stationary motorcycle immediately in front of the minibus he shouted at the defendant "watch the lights. It looked as if he was zoomed out. He had both hands on the steering wheel and looking straight ahead. He totally blanked us as if he was in a trance and did not hear me roar at him to watch the lights".

The trial continues before Judge Roseanne McCormick KC.