There is to be a retrial in the case of a Caledon farmer accused of causing the death of his father who was killed in a collision between a tractor towing a trailer and an HGV lorry.
Phelim Brady died on June 25, 2014 following a collision on the A4 Dual Carriageway, Dungannon.
He had been travelling on the draw bar attaching a tractor to a trailer loaded with cattle.
His son Paul Alexander Brady (46) of Minterburn Road, Caledon was driving the tractor and it was later established he was disqualified and had no insurance.
A lorry crashed into the tractor and trailer and Mr Brady Snr died instantly.
Paul Brady was charged with dangerous driving causing death.
He admitted driving while disqualified and not being insured.
Co-accused, William Mark Murphy (53) of Prospect Road, Castlewellan was driving the lorry.
He denied a charge of causing death by dangerous driving.
The jury found him ‘guilty’ of death by careless driving, an offence he had accepted from the outset.
The jury was hung in relation to the charge of death by dangerous driving by the deceased’s son.
This morning (Monday) the case returned to Dungannon Crown Court with a decision to order a retrial.
The two men sat side-by-side in the dock throughout the trial which lasted just over a week, before His Honour Judge Neil Rafferty QC.
The tragic circumstances unfolded as Paul Brady pulled out at a junction onto the dual carriageway, and the lorry ploughed into the rear.
After a combined total of seven hours deliberation, the jury returned a unanimous verdict in relation to
Murphy only, finding him guilty of causing death by careless driving, which he had already admitted.
However they were hung in respect of all charges against Paul Brady.
Murphy will return to court for sentencing on August 3.
He is also subject to an interim driving disqualification.
Prosecuting counsel advised he had been instructed to seek a retrial.
The defence responded by stating, “Significant issues have arisen in the course of the trial and we intend to instruct an expert accordingly.”
The judge ordered the matters of driving whilst disqualified and without insurance be put to Paul Brady, to which he pleaded guilty on both counts.
The prosecution said, “The pleas are accepted but they do not in themselves resolve the matter and a trial is still required.”
Judge Fowler adjourned the case for a retrial date to be identified, which is likely to be October or November.
Brady was remanded on continuing bail.
Posted: 12:41 pm July 3, 2017