Conflicting evidence was given at an inquest yesterday into how a crash occurred on the N22 Killarney bypass in which a young Romanian father of three was burned to death.
The three-car crash involved an Opel Vectra, in which the man was travelling, a Mercedes driven by a local businessman, and a Skoda Octavia, driven by the mother of a young child.
Coroner Terence Casey warned at the outset that an inquest was "not a trial". The Director of Public Prosecutions has directed that no prosecution be brought.
Cornel Hristea (26), Countess Grove Killarney, a Romanian farmer who was married with a family and had lived in Ireland for a month, was killed in the crash, which occurred as he was being driven by his brother with three others to work on a forest plantation on the bypass.
The crash occurred shortly before 9am on Friday, April 13th, last on a straight stretch of road in good conditions.
A number of witnesses driving behind the Mercedes gave evidence that the Romanian party's Opel Vectra was going west along the bypass and waiting to cross to the forest plantation when it was rear-ended, pushed across the white line and into the path of the oncoming Skoda, causing it to burst into flames.
However, Killarney businessman Seán Coyne, who was driving his Mercedes west along the bypass, said the Opel came from the opposite direction and had collided "head-on" with his car.
"I immediately braked hard, but could not avoid colliding head-on," he told the inquest.
Mr Coyne said he did not accept the evidence of other witnesses, who said his Mercedes had crashed into the rear of the stationary Opel, pushing it across the road.
Four of the five male occupants, including two brothers of the dead man, were pulled from the burning Opel by passing motorists, the inquest was told.
Garda Fiona Cremin said Mr Coyne told her at the scene the Opel was coming towards him on his side of the road. Witness Michael O'Sullivan said he was driving immediately behind Mr Coyne's Mercedes at a distance of about 60 yards. There were two cars in front of him, a Vectra and a Mercedes, he said.
The Mercedes was 30 yards behind the Vectra when the Vectra indicated right and came to a stop. He noticed the Mercedes did not brake and did not move to the left. The Mercedes "rear-ended" the Vectra and pushed it out, causing it to spin into the path of the oncoming car, he said. Under cross-examination, Mr O'Sullivan said he was sure the Vectra had its indicator on to turn right and the Mercedes did not brake.
The seven-man jury returned a unanimous verdict of death due to a road accident and in accordance with the medical evidence of extensive third-degree burns.