Garda Investigation
The Garda Investigation into the Death of Graham Norris was carried out by Det. Sergeant John McKnight of Tramore Garda Station. Questions asked by the family arising out of the handling of this investigation have not been answered or addressed to their satisfaction: The only record available now is a rough sketch on a bit of paper showing the area of this fatal crash where Graham Norris lost his life. This sketch has only now come to the family from their Solicitor via the Garda Report on the crash. The problem is this Report is not recognizable to what was presented in the Court Proceedings the State took against Stephen Kelly. The sketch does not properly reflect the area and fails to provide any measurement of two vital points namely (A) and (B) as can be seen from the official sketch below. The questions the family require answers to are; (1) Why was the crash scene not declared a crime scene and preserved as is standard practice following fatal crashes. (2) Why did the investigating Garda use his discretion to not breathalyse the lorry driver in this fatal crash. It is recommended by the Garda Commissioner as policy to test all drivers involved in a fatal crash. (3) Why did Gardai or the Fire Officer in charge of this fatal crash scene take no photo evidence? (4) Why were the vehicles moved and the road cleared in a hurry that morning but then weeks later the need of a reconstruction for the purpose of getting photo material that should have been taken on the morning of the crash. It was stated by the Judge in the follow up Court Proceedings that evidence from Reconstructions is never allowed in a Case like this and that the Prosecution Team should have known that. (5) What led Gardai to rely on and believe the lorry drivers version on what happened as been true & correct. (6) Why did Gardai decide not to seek witnesses. (7) Why did Gardai take no names of anyone present at the crash scene. (8) What charges did the Gardai request from the D.P.P. in the first instance. (9) Why were the family not contacted until the road was cleared and Graham removed to the Mortuary. Two and a half hours had passed while the family resided only 5 minutes away from the crash scene. (10) Why was the issue of the lorry having no brakes not put before the jury in the Court Proceedings that followed. If there are reasonable answers available to deal with the above questions the Family are waiting to hear them. If there is anyone with information that could help the family would they please contact them. this crash and he was not looking for one. He informed Grahams father that the reason he did not contact the family was because no one knew the identity of the deceased. He stated that there was no mobile reception in the area to call the Pulse System. Grahams father has now had Grahams phone checked and found it was used by some person not known at Grahams Identity was known and it asks the big question why did Sgt. McKnight not contact the family before he moved the lorry from the crash scene and before he removed Graham to the Mortuary. The family has a serious problem with this situation. Sgt. McKnight stated he had a statement from the lorry driver Stephen Kelly confirming what happened and it is clear he relied fully on this statement as been what happened. Kelly made this brief statement on the morning of the crash Wednesday October 12th. On Saturday October 15th he went to Tramore Garda Station to make a full statement and this time there was a change as he stated he was stopped prior to the crash as he was waiting for a car to pass. He said he then indicated and made his turn and as the cab was gone down the narrow road he was entering he heard a bang. He stated he then jumped out of the lorry with his phone in his hand and he called the emergency services. He stated he then began stopping on coming traffic. Kelly stated that he carried out his manoeuvre into the narrow road in one continuous move. Kelly proved he could make this turn in one continuous move during the reconstruction but the facts are this time the road was officially closed by Gardai for the reconstruction and it was carried out in daylight while the actual crash had taken place in darkness. The Gardai went with this reconstruction farce for the State Case against Kelly and it was thrown out of Court as was previously stated. It was clear the Jury did not accept the word of the Gardai alone when the reconstruction was disallowed the Gardai had nothing more to offer resulting in Kelly getting off free. for witnesses or make an appeal for the driver of the phantom car that Kelly introduced in his second statement to come forward. The fact of the matter is the Gardai did not believe that there was any car and that Kelly having had time to think introduced it to claim he was stopped prior to the crash. On an evening in mid July 2007 everything changed: The family was informed that there was a witness to the Crash. This witness has since met with the family and disclosed that he was coming off the adjoining side road when the crash took place. He described how he had his lights on but could not see the lorry such was the smoke from the car braking. The witness informed he reversed back a bit got out and went to the side of the car that had gone under the lorry trailer. He moved in to Graham and held his hand saying a prayer as he passed away. The witness stated that he then went around the rear of the lorry trailer and saw the lorry driver get out of the lorry from the passenger side. He informed the driver that the man in the car was dead and to call the emergency services. That lorry driver was STEPHEN KELLY. Kelly was asked had he something to cover Graham. Kelly had a long coat in his hand but he declined to give it to the witness. The witness then went back to his own vehicle and got a high visibility jacket to cover Graham. He described Kellys attitude and behaviour at the scene as appalling. He further confirmed that Kelly misjudged the turn and turned in short pining the off side of the trailer against the fence that divided the two roads. The witness further confirmed that there was no side lighting on the trailer and that it was rotten with dirt and grease. The witness informed that the first two vehicles to arrive on the scene were from the Carrick On Suir side that was followed by two vehicles from the Dungarvan side. He informed that a Jeep with driver and passenger refused to stop and scraped by between the crash and the sidewall of the road. He further informed that he did not know it was Graham that was in the crashed car and he began feeling unwell himself. He went from the crash scene at about 7.15am as the traffic built up and before the emergency services or the Gardai arrived. He learned at about He stated that as there was no request for witnesses that he done nothing. It was when he read the case on the newspapers he knew things were not right. The family then made enquiries to find out who was at the scene after the crash. Three people not known to one another have now given the same information and it is now crystal clear Kelly misjudged the turn into the side road ending up blocking the main road and causing the crash that took Grahams Life. Kelly did not disclose any of the above in his statements to the Gardai. The family believe and are totally satisfied that what happened was Kelly moved over on to his incorrect side away back from where he was turning into the side road. As he got near the turn he saw the lights of the car coming towards him he was not able to stop as he had no brakes a fact confirmed by the Garda PSV Inspector. Kelly took a chance and misjudged his turn in pinning the mid offside of the trailer against the fence that divided both roads. This fact is confirmed in the Garda Sketch of the crash as it clearly shows the side of the trailer solid against the fence. This fact may explain the reason that there is no measurement at this point. The Norris Family hold Kelly fully responsible for the death of Graham. They saw Kelly lie in Court holding the Bible. They know he did not show a single gesture of regret or remorse for the death of Graham. There is now an independent witness that has given a completely different version to the actions and behaviour of Kelly at the scene of the crash. They believe that Kelly escaped justice as a result of the incompetent investigation carried out by the investigating Gardai. They also state that when they struggled to get information it was they that had to seek appointments at Tramore Garda Station and travel there. No Garda arrived at their door with information or offered one word of Counselling or advice. The family totally accept that the authorities were not responsible in any way for the death of Graham. They believe that the handling of the crash scene and the investigation into the crash was not properly conducted. They believe that Stephen Kelly was responsible for Grahams death and that the investigating Garda was totally insensitive to the pressure on the family. The shocking situation is that at two different meetings since at Tramore Garda station Sgt .Mcknight was asked on reflection would he have done things different, he said he stood over what was done, That was the way things were done. The family sought the assistance of a public representative to make enquiries on their behalf relating to the way things were done. This TD confirmed he spoke to a senior Superintendent who advised to him off the record that the investigation into the crash were Graham loss his life was a Shambles. But the TD done nothing to help and valued his association with the Gardai a lot more. The Family Experience of the Court proceedings: It was the first visit for the Family to a Court Sitting and it turned out to be a shattering experience. It was the accused that got all the fair play while the deceased could not defend himself. There was a stack of documentation to explain that Graham had no traces of anything in his system. There was not one line to say what was in Kellys system because the Investigating Garda at his discretion chose not to check it. The defense had a panel of citizens called in for jury service and the method used of choosing the jury was an experience. The defence had the privilege choosing a group of people most lightly to find the accused not guilty. What was particularly noticeable was those jury members were there for 3 days at their own expense and wanted to go home. Kelly played the game, telling lies all the time, acting the innocent family man and he got a result. It was a place where everyone lied and the family were told thats how things worked. A quote from the State Solicitor to the family was " Is it not better to see 20 Guilty go free rather than 1 innocent go to jail" Imagine how this went down with Grahams family. After the Court proceedings had ended the family informed State Solicitor Frank Hutchinson they were seeking access to the Case File. Todate this request has been refused? From start to finish the actions of all the mentioned parties have changed all our lives forever. Graham Norris an innocent man died because of the Actions of Stephen Kelly. Graham Received No Justice. 
