A 33-year-old Cavan man died as a result of injuries he received when he was struck by a van when walking along the Belturbet/Teemore Road, on the 8 December 2004.

The inquest into the death of Gerard Lee from Lagan, Belturbet, heard how, seconds before the impact, he had got off a bus just after it came across Aghalane Bridge, and was walking along the side of the road.

Mr Lee's brother informed the court that his younger brother had been born with Spina Bifida, and had an operation in August 2004 to stretch tendons in one of his leg.

As a result of this, Mr Lee had been walking along the road with the aid of crutches at the time of the accident.

Evidence was also given to say Mr Lee was deaf in one ear.

POST-MORTEM

The inquest was told that a post-mortem examination revealed Mr Lee had died from brain and spinal cord injury, and a fracture dislocation of cervical spine.

This, the pathologist's report stated, had occurred as a result of a blow from behind on the head and chest.

The post-mortem also revealed Mr Lee, who had been Christmas shopping on the day he died, had consumed some alcohol prior to the accident.

Results showed he had 186 micrograms of alcohol per 100 millilitres of blood, which, the Coroner John Lecky noted, "is about three times over the legal limit for driving."

A police sergeant from Lisnaskea station responded to the emergency call following the accident.

The witness explained that the accident occurred shortly after 9pm.

He attended the scene, where he spoke to the driver of the Peugeot van which struck Mr Lee, Samuel William Knight, a 49-year-old farmer from Knockaraven, Derrylin.

The officer noted Mr Lee had been walking on the left-hand side of the road, travelling in the same direction as Mr Knight, and was wearing dark clothing.

WITNESS

The witness, Sergeant McGee said he later spoke to Mr Knight, 'who was in a very distressed state'. Mr Knight told police he had been going to collect some money for work he had done, and was driving down the road, during which time there had been a number of cars coming in the opposite direction:

"I dipped the lights and just as the car passed me, I heard a bang. I braked hard, but didn't see anything."

The Coroner noted that, at this stage, it appeared Mr Knight, "was totally unaware of Mr Lee on the road until the collision occurred, and the windscreen came in.

WEATHER

The weather was dark with mizzly rain, and there were no streetlights or pavement.

No prosecution resulted from the accident," he continued.

"It seems to me, even if someone didn't have the particular condition Mr Lee had, and was walking on crutches after taking alcohol about three times over the legal limit, they might be unsteady on their feet."

The Bus Eireann driver who dropped Mr Lee off shortly before the accident, said the deceased was a regular passenger on the bus who he recognised.

He said Mr Lee had sat behind him on the bus and said he "could smell intoxicating liquor coming from this passenger."

Anthony Brough, who lives near the scene of the accident, and was one of the first to arrive after the crash site, told the court he knew both the driver of the van and Mr Lee who he had worked with in Quinn Glass.

He also told the court he took instruction via a mobile phone on how to treat Mr Lee, and he said he also attempted to resuscitate him at the scene.

Mr Brough also confirmed Mr Lee was not conscious at this stage.

FORENSIC SCIENTIST

A forensic scientist, Damien Coll, who examined the vehicle and the accident scene, suggested that the van would have been travelling at around 42 miles per hour at the time of the collision.

He also said the van was travelling on dipped head-lights, and this coupled with lights from oncoming vehicles "would also have made it difficult to see."

The driver of the van, Samuel Knight also told the court he had encountered two other people walking on the road a short distance before Mr Lee, and explained they had been walking towards him, and carrying a torch.

He said immediately after this, he encountered a number of vehicles, six or seven, coming in the opposite direction:

"As the last one went past I saw a shape move across the road in front of me. I went for the brakes, but the shape hit the front."

HIT SOMETHING SIZEABLE

Mr Knight said that although he felt something hit the vehicle, at that stage wasn't sure what he had hit "just that it was something sizeable."

He added that he knew the Lee family and had visited the house and attended the funeral.

He added: "I have gone over this incident in my head a number of times since it happened, and I can't think of anything I could have done to avoid the collision."

The Coroner, John Lecky concluded there were a number of factors which could have contributed to the accident.

This included the fact Mr Lee had been intoxicated:

"This may have affected his stability. "

He was also using crutches and this may have been a factor.

And, possibly more significant than these two, is that he was wearing dark clothes," he concluded.