Inquest into Achill woman’s death finally opens

Seeking a final answer


Gallagher inquest begins after six and a half year wait

Anton McNulty

A SIX and a half year wait for an Achill family to discover the cause of their daughter’s death should come to an end this week following the opening of the inquest into her death yesterday (Monday).
Ashling Gallagher (22) from Askill on Achill Island was killed when the van she was driving collided with a cement lorry on a bend at Murrivaugh, Mulranny on December 22, 2004. The accident occurred one mile on the Newport side of Mulranny along the N59 which at the time had been resurfaced.
Following a number of adjournments and High Court challenges by the family to have evidence heard in the inquest, it was finally opened yesterday in Castlebar Courthouse.
The family of Ms Gallagher controversially claim that the Dense Bitumen Macadam (DBM) base course surface which had been used did not comply with the NRA’s specifications for roads where the speed limit is 100km per hour.
The family claimed that on the day of the accident the road markings were in place and to the average motorist this displayed a message of a finished product and a surface fit for purpose, eventhough a final layer was to be applied.
As there was no warning signs to reduce speed or to indicate there was a temporary surface they claim this contributed to their daughter losing control of her van and colliding with the truck. The inquest heard that ten days before this fatal accident another man lost control of his car at the same location.

Collision
The lorry driver who crashed into the Volkswagen Caddy van driven by Ms Gallagher (pictured) told the inquest that the van crossed the white line into his direction ‘for no apparent reason’. Thomas Munster, said that when he saw Ms Gallagher’s red Volkswagen Caddy coming towards him it was on the correct side of the road.
“Then for no apparent reason this Caddy van completely crossed the white line onto my side of the road. I braked and swerved to my left immediately, but in an instant the Caddy van came straight under the front of my lorry” he said.
Mr Munster said he was travelling approximately 30 to 35 mph at the time and the two vehicles travelled for 100 feet from the point of impact before coming to a stop. The Caddy van wound up in a crosswards position with its rear end across the white line and its front at the front wheel of the lorry. Ms Gallagher was pronounced dead at the scene by Dr Jerry Cowley.

Father’s Evidence
Tommy Gallagher, father of the deceased told the inquest that his daughter’s death was an ‘irreplaceable loss to her family’. He explained that he has 30 years experience in road construction and explained that when he visited the spot of the accident he recognised the surface as being DBM base course.
He employed a firm of consultants to test the surface which he said confirmed that the road surface was DBM base course and did not comply to the NRA specifications. He said that less than a month following the accident he was advised by a Mayo County Council engineer that the road was not complete and a layer of tar and chips was going to be placed  ‘sometime this summer’.
“There is no regulation that allows traffic on this surface safely at any speed. There were no warning signs to advise the temporary nature of the surface or that extra caution was called for,” he told the inquest.
He said that following the accident two digital Variable Message Signs were placed on the approaches to the new surface warning motorists to ‘Slow Down’ and ‘Reduce Speed’, along with traffic lights set to flashing amber mode and various warning signs. He added that he was adamant none of this signs was in place following the accident.
The inspection of the Caddy van showed that it was in a roadworthy condition and Mr Gallagher was adamant the surface was at fault for her losing control.
“Her vehicle unexplainably swerved onto its incorrect side at a bend on a road that lacked the required surface texture, which is to quote the NRA, ‘essential for adequate skidding resistance at high speed ie speeds above 50km/h’.
In his evidence, Garda Michael Holmes who investigated the accident said that in his opinion he felt the work on the road was completed and there were no warning signs on the stretch of road. Following the accident, he said there was an ‘amount of signage’ erected along the road.
Garda Holmes also told the inquest that there was no evidence of any activity on Ms Gallagher’s mobile phone during the time of the accident.

No evidence of speed
Evidence was also heard by witnesses who saw and came upon the accident. Dermot Cooney told the inquest that he was travelling ahead of Ms Gallagher from Achill. He said that when Ms Gallagher overtook his vehicle she was not travelling fast and that ‘without doubt the red van was not speeding before this accident occurred’. He also noted that he did not see any warning signs along the road.
Sandra Carolan, who lives close to the accident site explained that she was turning right when the cement truck passed her and saw the accident occur in her rearview mirror. She said she was not aware of any warning signs and was driving normally.
The inquest is expected to last a number of days.