THE jury in the trial of an Omagh man, who is charged with causing the death of a 24-year-old Fermanagh journalist by dangerous driving, has been told that he and one of his passengers asked a witness to change his evidence.
Edward Cassidy, 57, (known as Eamonn) of Mullaghmore Drive has been charged with causing the death of Donna Marie Ferguson by dangerous driving, causing grievous bodily harm to two of his passengers, Kevin Myers and Frankisek Takacz, and attempting to pervert the course of justice.
Miss Ferguson, from Belleek, was driving to work in her Peugeot 206 when she was killed in a collision with the work minibus driven by Cassidy.
The fatal accident occurred on the Boa Island Road, Kesh on the morning of December 5, 2006.
A passenger in the minibus, 22-year-old Kevin Barry McDermott, of Deverney Road, Arvalee, Omagh, is also facing the charge of attempting to pervert the course of justice.
In his opening submission at Omagh Crown Court, Prosecution lawyer QC, Ken McMahon said Cassidy was driving a minibus to work in Sligo and as he travelled between Kesh and Belleek, he came up behind a fully laden 40-foot articulated lorry.
The prosecution stated that Cassidy pulled out to overtake the lorry as it was approaching a left-hand bend despite a warning from Mr Myers, the front seat passenger.
The prosecution said that Mr Myers saw the approaching lights of Miss Ferguson's Peugeot 206 car and told the minibus driver to get into his own side of the road quickly which he did, by pulling sharply to the left to get in front of the lorry.
However, the deceased's Peugeot crossed the road into the path of the mini-bus and the reporter was killed in the collision.
The case against Cassidy went to court on June 1 this year.
The Crown Prosecutor said that Cassidy and his passenger McDermott made a suggestion to Kevin Myers, outside Dungannon Court, that he alter his evidence.
It was alleged that when Mr Myers was sitting in the cafe area of the court house, Kevin McDermott went over to him and said, "Eamonn's (Cassidy) going down." Mr Myers allegedly replied, "Why? What did you hear?," to which McDermott said, "Just as a friend if there is anything you can do to help him; it's something about your statement."
Mr Myers claimed he responded, "There is nothing I can do."
The prosecution added that a short time later, Mr Myers left the court building, to have a smoke, and this time the driver Cassidy approached and reportedly said to him, "It's not well. It's in your statement that you told me not to pass. As an old buddy/workmate - don't let me go down."
Mr Myers claimed he did not reply but 24 hours later revealed to the police what had been said to him. The Crown Court was then stopped and during police interview, Cassidy and McDermott acknowledged they had spoken to the witness at the court but denied what he had alleged they said.
During cross-examination yesterday (Wednesday), Mr Myers acknowledged making a mistake in his evidence as he said he had been standing rather than sitting when the first incident occurred.
He also said he got the time wrong in regards to the second conversation, which is alleged to have taken place outside the court building.
Both defendants are strenuously denying all the charges put to them. The trial continues.
