Coroner and Council clash again over road safety

TENSION between the Coroner for Mayo and a senior Council official appears to be increasing, with the former insisting the official give evidence at an inquest of a Ballina man who was killed while crossing the road in his home town.

The coroner, Patrick O’Connor, also refuted a claim made by the official, Tom Gilligan (Director of Services responsible for roads in Mayo County Council), that he has never written to the local authority to express his concerns over road safety.

Last month, Mr Gilligan took exception to comments made by Mr O’Connor during an earlier inquest, in which Mr O’Connor claimed that those in authority responsible for road safety in Mayo have done ‘little or nothing’ to address safety along an ‘infamous’ stretch of the N5 near Swinford.

Mr Gilligan subsequently told a council meeting in Ballina that he was ‘very disappointed’ by Mr O’Connor’s remarks, adding that Mayo County Council had never received any correspondence from the Coroner’s office regarding road safety on the N5.

In another twist to the row, Mr O’Connor yesterday (Monday) informed the Coroner’s Court in Swinford that he had asked Mr Gilligan to give evidence as part of an investigation into the death of James Moyles in Ballina, but this request had been denied.

‘Essential witness’

Mr Moyles (33) of 37 Mount Assumpta, Ballina, suffered head injuries when he was hit by a vehicle on Lord Edward Street on February 20 last. He died a day later in Mayo University Hospital.

Speaking yesterday morning in Swinford, at the inquest into the death of Mr Moyles, Mr O’Connor said he had written to Mr Gilligan asking him to set out the policy procedure of Mayo County Council with respect to carrying out reviews of the public road where the death occurred.

Mr O’Connor said that he had done so because concerns had been raised regarding the circumstances of Mr Moyles’s death, and he described Mr Gilligan as an ‘essential witness’ who could answer questions in this regard.

Mr O’Connor then explained that on May 16, he received a response from Mayo County Council’s legal representatives. The response stated that asking Mr Gilligan to appear as a witness was ‘premature’, as the Garda investigation had not yet been completed.

After reading out the Council’s response, Mr O’Connor said: “The only comment I will make is Mr Gilligan or his legal advisers do not decide who should attend the inquest. It is for me to determine, and I will in due course.”

‘Completely untrue’

David O’Malley, solicitor for the Moyles family agreed with the coroner, saying he felt it would be ‘quite important’ for Mr Gilligan to be available to give evidence.

“He made comments recently in public, and they might be relevant as to the state of the roads. It is very important to the family to make sure it is a truly inquisitorial process. We welcome your letter to Mr Gilligan and hope you do call on him in due course,” Mr O’Malley commented.

Mr O’Connor also asked Sergeant Stephen Kenny, who is investigating the death, to interview Mr Gilligan as part of his investigations.

Mr O’Connor also made reference to Mr Gilligan’s remarks made at a council meeting during the inquest into the deaths of Una Bowden and her daughters, Ciara and Saoirse, who were killed in a road traffic collision along the N17 outside Claremorris on March 26 last.

Specifically, he refuted Mr Gilligan’s claim that he had never contacted Mr Gilligan’s office about road safety concerns.

“I understand he [Gilligan] expressed the view that he was never personally contacted by the coroner’s office, which is completely untrue,” he said, adding: “It is important they complete a survey on all these roads… While there is no such thing as 100 percent safety on the roads, there are precautions that can be taken.”