I am 26 years & live with my girlfriend and 3yr son. I have a clean driving record & I am working for Jim Lanigan for about 4 years.
I went to the yard where I keep the lorry near my house on the morning of October 12/11/2005.
I checked to see if all the sidelights on the trailer were working. I let the lorry heat up to build up the brakes and I checked the tail lights in the usual way as I reversed tight to a wall and can see the shadow when I am testing. I can also see the side lighting both sides in my side mirrors. They were working. I arrived at the cross at 7.A.M and as I approached I met a car so I stopped and let it pass and then crossed over to the other side of the road and turned down to my left very carefully keeping off a bank on the left and avoiding a stop sign on my right. I saw a reflection of a light on my side window as I turned down the road I was entering and then heard a screech of brakes and a bang. I jumped out with my phone in my hand and called the emergency services. Last evening I went to the location a Mahon Bridge to examine this alternative route suggested by Sgt McKnight.
I drove up in my car and I say that this route is not a suitable alternative as the bends are too sharp' I would have to make two moves at some of the bends.
Mr.Delaney Counsel For The State Cross Examined:
Mr Kelly' On Tuesday here you were asked to plea' and you pleaded not guilty to all charges.
Answer :Kelly: That's Correct.
Question; You pleaded not guilty to the charge of no Cert on road worthiness on the trailer knowing you could not produce it and that in fact there never was a cert for the trailer.
Answer :Kelly: Not guilty
| | Question; What about the undercarriage rail. | Answer :Kelly: I don't know about this' I leave it up to the owner
Question; On the morning of the accident did you check the lights. Answer: Kelly: Yes I did and they were all working.
Question; Are you sure of what you are now saying. Answer: Kelly: Yes I always check everything.
Question; In your statement to Sgt McKnight you said on that morning I went to the lorry' I hopped in started up' changed the tach- let the brakes build up and took off. Sgt McKnight read your statement back to you and asked was there anything you wished to change before you signed and You said no' nothing to change. You are now saying something different.
Answer: Kelly: Well there must have been a misunderstanding when McKnight asked me' had I checked the lights I thought he said did you walk around the lorry.
Mr Delaney: You are standing up there now brazing it out when you know full well that you did not check the lights.
Answer :Kelly: No I checked the lights they were all working.
Mr.Delaney: They were not working when checked by Garda Robinson You have heard his evidence how do you explain this.
Answer: Kelly: Sometimes if I drop a stick on the trailer floor the bulb would pop out' the impact done it. | |
Mr Delaney: If that is the case why did the bulb on the front light of the trailer not pop out.
Answer :Kelly : Don't know. | |
Mr.Delaney: When you heard the bang what was your position on the road.
Answer: Kelly: The tractor unit had entered the side road and the trailer was across the road. | End of Questioning |
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Official Court Convictions
Newspaper Report
OBSERVATION
To the Norris family Stephen Kelly proved he was a cunning liar that could not be believed as he fitted answers to the Questions. His only objective was to get away with his crime and due to the Blunders made by
Officers of the State he succeeded.
To tell a Jury under Oath that the lights were working when in fact the light fitting was missing tells you a lot about Kelly.
For the Officers Of The State to not be able to produce this Photo
to the Jury says a lot about the State.
This Photo was taken from the Report of Mr. Paul Roels
Specialist Investigations Accident Engineer for the Family of Graham Norris taken while the Lorry was impounded in Garda Custody.
Kelly was back in Court on February 21st 2007 at Kilmacthomas District Court where he was convicted of a further offence relating to the Crash.
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