A Co Down fire fighter has been acquitted of causing death by careless driving following a RTC between a BMW and the fire truck he was driving.
Acceding to a defence application for the court to dismiss the charge against Gerard Byrne (53), Judge Geoffrey Miller KC said that having analysed the witness statements and forensic engineers report, “this was simply a tragic accident”.
“I am satisfied that no jury properly directed could enter a conviction on the charge so I am entering a not guilty verdict on the bill of indictment,” he told Downpatrick Crown Court.
“This is a tragic case for all concerned and the court extends it’s sympathies to the family of Mr Bennett.”
Mr Byrne, a fire fighter from Princess Gardens in Holywood, had been charged with causing the death of 59-year-old Gary Bennett on Springhill Road in Bangor on December 7 2019.
Judge Miller told the court the crew was on its way to an emergency call with lights and sirens activated as the fire appliance drove along the West Circular Road.
As the truck approached the junction with the Springhill Road, there was a red light dictating its path so Mr Byrne had slowed down to make sure the path ahead was clear.
While the slip road to turn right had a green light the fire service watch commander who was in the passenger seat beside Mr Byrne gave a statement that he had “made eye contact” with the driver in the lane nearest the fire truck and had noted that she had stopped.
Judge Miller said in his statement, the senior fire officer told police he “did not see any reason why Mr Byrne should not proceed through the junction” as other road users saw the truck and brought their vehicles to a halt.
The BMW being driven by Mr Bennett was fitted with a dashcam and the judge said it was apparent from that footage that he had slowed down to turn right from the Springhill Road on to the West Circular Road, adding that “why Mr Bennett did not see or hear the fire engine is a matter of speculation”.