THE MINISTER for Justice, Dermot Ahern, has written to the Taoiseach saying a Co Donegal family is “entitled” to answers to questions about the death of their daughter in a road incident eight years ago.
His letter is in response to a request from the Taoiseach in June for a progress report on the case.
Sinead McDaid (22), from Cardonagh, Co Donegal, died after her vehicle went out of control on a straight stretch of road near Culdaff village in June 2001. Donegal County Council was carrying out resurfacing works at the time.
Her car hit loose chippings, skidded and went down an embankment, landing on its roof. She died in an ambulance en route to Altnagelvin Hospital in Derry.
Her parents, Seán and Magdelena Farren, have contended that road signs warning of the loose chippings were inadequate as they were hidden in long grass.
They also argue that their daughter died at a workplace as work was being carried out at the spot by the council at the time. Therefore her death should be investigated by the Health and Safety Authority (HSA).
The case is one of a number of similar such deaths on council roads being investigated by the European Parliament’s Petitions Committee.
In 2006, the HSA agreed with the Farren family and attempted to investigate the death. However, its powers to do so were challenged by judicial review instigated by Donegal county manager Michael McLoone. Judgment in that case has been reserved. The HSA says it must await judgment before proceeding.
In 2006, the Garda reopened its investigation into the death. However, the co-operation of senior council staff was withdrawn on instruction from Mr McLoone as it was “felt by the council to be an oppressive and unfair procedure”, according to Mr McLoone.
The Farrens have since been in contact with the Taoiseach’s Office and the Department of Justice about their concerns.
In June the Taoiseach told them he would look into progress in the case “as a matter of urgency”, and sought a report from Mr Ahern.
In a letter dated September 7th, Mr Ahern replied to the Taoiseach, saying he now had a Garda report on the investigation and was “very aware of the continuing distress this tragic accident is having” on the family.
He says Mr Farren “listed a number of questions his family were entitled to have answered”.
“Among the questions he asked was why did the gardaí and Donegal County Council fail to report the accident to the HSA.”
Following correspondence between the Farrens and the Garda Commissioner, an independent review was carried out of the initial investigation by Supt Pádraig Kennedy of Carrick-on-Shannon.
Supt Kennedy concluded his review in 2007 and, says Mr Ahern, “concluded grave acts of omission were committed by Donegal County Council on June 12th, 2001...and in his opinion disclosed a breach of Section 13 Non-fatal Offences Against the Person Act”. However the DPP did not to prosecute the council.
In his most recent letter to the family, dated September 16th, Mr Cowen says he notes the HSA “do plan to investigate Sinead’s death, though of course that has been held up by subsequent court proceedings. I genuinely hope that this investigation can in time provide some of the answers you are seeking.”
Donegal County Council would not comment last night.
