Man facing charges in connection with fatal crash fails to appear in court

April 29, 2021

A BUNCRANA man facing charges in relation to a fatal crash in 2017 has again failed to turn up in court.

Ricky Fagan (27) of Mulberry Avenue, Buncrana. was due before this week’s sitting of Buncrana District Court

Fagan faces charges of driving without insurance and having false number plates at Carbry, Quigley’s Point, in the early hours of April 29, 2017.

This week, Judge Paul Kelly, at Buncrana District Court, was told that Fagan had tested positive for Covid-19 and could not attend court, where a book of evidence was due to be served.

Last week, Fagan did not appear at a scheduled sitting of Carndonagh District Court.

In a related matter, Eamon Sweeney (21) of Drumfies was charged with driving without insurance the previous night, April 28, at Carrickmaquigley, Redcastle.

Solicitor for Sweeney, Mr Ciaran MacLochlainn said Gardai had taken more than 200 witness statements, but he only had been furnished with 13 of them the day before the court.

“There are at least 43 statements in relation to my client, but someone has decided  to withhold these statements,” Mr MacLochlainn said.

“There is also CCTV footage from the Bailey Nightclub that has not been included and there has been no explanation from Gardai.”

Garda Sergeant, Jim Collins, told the court that the charges relating to Sweeney were ‘quite simple’ and that only 13 statements were relevant to his case.

“The matter referred to the Director of Public Prosecutions (DPP) relates to the more serious and substantive matter of Mr Fagan,” Sgt Collins said.

Mr MacLochlainn said the case was two-fold. He said Sweeney was charged with driving from Buncrana to Redcastle on the night of April 28 and that Fagan was alleged to have driven afterwards, and crashed, in the early hours of April 29th.

Sgt Collins said Gardai were only obliged to disclose evidence in relation to particular charges before the court in relation to Sweeney.

Mr MacLochlainn claimed the prosecution did not want Sweeney’s case to go ahead before Fagan’s case was heard.

The cases have now been adjourned to the June 15 sitting of the court.