A HIGH Court action in which an 81-year-old man was sued over a road incident in which his wife died and a young girl suffered severe injuries leaving her paraplegic has been adjourned at the request of the DPP because criminal proceedings are pending.
After being told yesterday that a trial on a charge of dangerous driving was pending against William Barr, Mr Justice Iarfhlaith O’Neill granted an application by counsel for the Director of Public Prosecutions to adjourn the civil proceedings brought on behalf of Nóirín McGarvey (7) against Mr Barr.
The judge said where civil proceedings were likely to prejudice a defence in a subsequent criminal trial, the civil proceedings must be stayed until the criminal proceedings were disposed of.
In this case, it was obvious Mr Barr’s rights could be significantly eroded, Mr Justice O’Neill added.
The court had to prefer the protection of the defendant’s rights to a fair trial over the inconvenience and additional hardship that may arise for the plaintiff in the civil proceedings.
“It is an invidious choice to have to make but I have to come down in favour of the defendant’s constitutional rights to a fair trial in criminal proceedings,” he said.
Earlier, Gráinne O’Neill, for the DPP, said the director became aware of the civil action only after reading of it in a national newspaper. The director wanted an adjournment on grounds the forthcoming criminal proceedings could be prejudiced if the hearing was to continue, she said.
Ms O’Neill said Mr Barr had been charged with dangerous driving causing injury arising out of the incident in which his wife died and a child was injured.
The court was told gardaí knew about the pending criminal trial, listed for July, and the matter was also mentioned previously before the High Court as the civil case proceeded to hearing.
The civil proceedings against Mr Barr, of Gweedore, Co Donegal, were brought on behalf of Nóirín, who suffered severe injuries following the collision at Dunlewy, Co Donegal, in May 2008.
Suing through her father Ronan McGarvey, Lower Dore, Bunbeg, Co Donegal, the child claimed Mr Barr was negligent and in breach of duty in allowing the car he was driving cross on to the wrong side of the road resulting in the collision with the McGarveys’ car.
Mr Barr said he believed he experienced a medical ailment immediately before it causing him to lose control of his vehicle. He also pleaded that if there was a finding of liability against him in the civil proceedings, he was entitled to be indemnified by his local GP, Dr Anthony Delap.