A jury at the inquest into the death of Cloghan man, Liam Kelly, returned a verdict of death due to multiple injuries received in a road traffic accident, consistent with medical evidence given to them by Dr O'Dowd.
A recent sitting of Letterkenny Coroner's Court heard that 49-year-old Liam Kelly of Ardlaghan was killed when he was a passenger in a jeep which struck a tree at Tullyhonour in Glenswilly on November 20, 2005.
The court heard that the accident happened when the jeep veered off the road after the trailer it had been pulling came loose. A number of serious defects in the trailer and its breaking mechanism were later outlined by a Garda PSV Inspector.
The inquest was told the roof of the jeep came off in the accident but there was no evidence of any speed involved. On the date in question the jeep was being driven by Hugo McNamee while Liam Kelly and Conal Gallagher were passengers.
James Campbell, in his deposition, recalled how Colm Gallagher and Liam Kelly had called to his house asking to borrow his trailer as they were going to collect a pony from Kilmacrennan.
Later, the two men arrived back in a jeep being driven by Hugo McNamee and they attached the trailer. Mr Campbell said he told the men to "put on" the trailer's chain, which they did. He also said he didn't use the trailer much on the road himself and had since learned that the breaks were not working.
Conal Gallagher, in his deposition, described how the three men sat in the three front seats of the jeep as they left James Campbell's. He sat in the middle and Liam Kelly was by the passenger door. At one point they were going to stop after seeing a car off the road but another jeep came along to help it so they continued on their journey.
The trailer then began wobbling and forced the jeep onto the left side of the road but Hugo managed to regain control. Soon after, however, the trailer gave the jeep a shove and pushed it in towards the right of the road. As the vehicle left the road and struck a tree, Conal Gallagher said he saw the trailer go past them on the road.
The windscreen and roof came off the jeep and Conal and Hugo got out of the vehicle through the roof. He told how he could hear Liam Kelly muttering but didn't know what he was saying.
The inquest then heard how the car which had earlier gone off the road, arrived on the scene and the men shouted at the woman driver to get an ambulance. A second car then came along and while Conal stopped it, Hugo tried to waken Liam Kelly.
"Liam did not speak after that. Hugo put a jacket around him to keep him warm," Conal Gallagher said. He added that it was the impact of the crash that caused Liam Kelly's death.
Detective Garda Frank Feely, a scenes examiner, said when he arrived he took photographs which showed how the tree had been scarred by the jeep.
The report from the PSV inspector showed that the jeep in which Kelly was travelling was in roadworthy condition, but outlined that the problem seemed to come from a trailer attached to the jeep.
The inquest heard that the twin axle trailer measured 10feet 9inches by 5feet 8inches. The service brake was defective and had been for a considerable amount of time which was clear from the rust visible on it. The braking mechanism of the jeep was in good condition.
Dr Gerry O'Dowd, Consultant Pathologist said he carried out a Post Mortem examination on November 21. The injuries sustained were severe, given what he understood to be an accident where relatively low speed was involved.
"I would imagine the injuries were a combination of the impact with the tree and the head injury sustained when the roof detached," he said.
"My understanding is the deceased wasn't wearing a seat belt which would have contributed to his injuries."
In conclusion, County Coroner, Mr John Cannon stated: "The obvious cause of the accident was the force of the trailer hitting the jeep from behind. The deficiency was the linkage between the jeep and the trailer."
Mr Cannon ordered the jury to return a verdict of death due to multiple injuries consistent with involvement in a road-traffic accident.