A retrial has been ordered for the case of the Co. Tyrone farmer accused of causing the death of his father through “dangerous driving” in Dungannon Crown Court, according to the Ulster Herald.
Paul Brady appeared before the court following the death of his 69-year-old father, Phelim, when a lorry collided with a tractor and trailer that was being driven by Paul on June 25, 2014.
Brady was accused of dangerous driving as a result of allowing his father to travel on the drawbar of the trailer, which was where he was standing when the accident occurred on the Woodlough A4 dual carriageway between Caledon and Dungannon.
Also Read: Farmer in court over father’s road deathIn addition, Brady was accused of driving without insurance while being disqualified – a charge he admitted to.
Also accused of dangerous driving was William Mark Murphy from Co. Down, the lorry driver from the collision. Murphy denied this charge. The jury found him guilty of death by careless driving, which the defendant accepted from the offset, the Ulster Herald reports.
However, the jury was reportedly hung regarding the charge of death by dangerous driving by Brady. The case returned to court this morning (Monday) with the decision made to order a retrial.
After deliberating for a total of seven hours, it is believed the jury returned a unanimous guilty verdict to Murphy for causing death by careless driving. The jury was hung on all charges against Brady however.
Murphy will purportedly return to court for sentencing on August 3.
The prosecuting counsel is believed to have said Murphy had been instructed to look for a retrial, to which the defence replied that – in light of “significant issues” arising from the case – they intended to “instruct an expert accordingly”.
The judge ordered that the charges of driving without insurance, and driving while disqualified, be put to Brady, both of which he pleaded guilty to.
The prosecution reportedly said that the pleas are accepted but do not in themselves resolve the matter, necessitating a retrial.
The case has been adjourned for a date for retrial to be identified.
