The jury at the trial of a Dublin Bus driver accused of dangerous driving causing the deaths of five people in Dublin city centre was told today that technical evidence given at the trial was seriously inaccurate.
A Volvo engineer mistakenly sent inaccurate data supposedly taken from the bus involved in the incident to gardai which was then used in evidence during the trial of the driver.
Judge Michael White told the jury on day eight of the trial that the court learned today that technical detail put before it in the course of the prosecutions evidence against Kenneth Henvey was wrong.
Judge White said that Marcus Fasth of Volvo in Sweden had been evaluating data taken from a more powerful South African bus' 12 litre engine at the same time as he was working on data from Mr Henvey's seven litre engine bus and the figures "became mixed up".
Judge White said the figures were "seriously inaccurate" and he accepted that a genuine error had been made by Mr Fasth. He said this was a "serious matter", withdrew the inaccurate exhibit and gave the prosecution permission to reopen their case.
Mr Henvey (51), of Whitethorn Crescent, Palmerstown, has denied dangerous driving causing the deaths of two men and three women at Wellington Quay on 21 February 2004. The prosecution had closed its case on Tuesday and Thomas O'Connell SC (with Patrick McGrath BL), prosecuting, were allowed a day to consider highly technical evidence given by a defence expert.
That expert, Dr Dennis Woods had unknowingly used the inaccurate data as provided by the prosecution to give evidence that Mr Henvey's engine had experienced excess power for over 40 oer cent of its working hours.
The jury heard that the prosecution's legal team met at the Chief Prosecution Solicitors office yesterday during a day's break from the hearing. Mr Fasth was contacted by telephone and said he had sent the wrong document.
Mr Fasth told the court today he had never previously carried out two evaluations of bus engine data simultaneously and "unfortunately some numbers got mixed up". He said he was "very, very sorry".
The hearing continues before Judge White and a jury of four women and eight men.