The trial of a circus boss charged in connection with the death of a mother and daughter when a runaway circus trailer hit their car near Galway city last April opened yesterday before a jury at Galway Circuit Criminal Court.
Stephen Courtney (35), Earl Street, Longford town, Co Longford, denies a single charge that he intentionally or recklessly engaged in conduct which allowed a trailer to be attached to a lorry unit and another trailer in a defective manner, thereby causing the trailer to become detached at Cloonacauneen, Tuam Road, Galway, on April 6th.
Lorry driver Francisco Daria (23), a Venezuelan national with addresses in Cherry Wood Park, Dublin, and San Lodovico, Sio Saliceto, Italy, who was driving the lorry, two counts of dangerous driving causing death.
Barrister Conor Fahy, prosecuting, said a large four-wheeled trailer carrying circus seating and other equipment became detached from another trailer carrying two elephants, while travelling down a slight hill.
It went across the road and travelled for 122m (400ft) before colliding with the car driven by Joan Reilly, Cloon, Claregalway, killing instantly her and her daughter, Siobhán Reilly, in the front passenger seat.
Mr Fahy said he would seek to prove the lorry cab with two trailers attached was "dangerously defective" in that a safety pin or chain had not been fitted to the hitch of the second trailer to prevent the hitch pin from "hopping up". The trailer became detached, he said, when a pin in the hitching system "hopped up".
The jury heard the elephants belonged to people working under contract to Circus Vegas, which is owned by John and Stephen Courtney. The circus had just finished in Galway and Mr Daria was transporting the elephants and equipment to Ballina for the next performance when the accident occurred.
The court heard Mr Daria had transported a hippo and a rhino to Ballina the previous night. He had left Galway at 10.30pm and arrived in Ballina at 1.30am.
He returned to Galway at 5am and, half an hour later, drove the lorry with two trailers attached out the Tuam Road, from Galway towards Ballina. He met two colleagues in a car on the side of the road and they gave him an energy drink before he resumed.
The trial continues today.