The jury has retired in the trial of a 60-year-old man charged with dangerous driving causing the death of a three-year-old boy.
Alex McDaid of Bomany, Letterkenny was the driver of a bin lorry which was involved in an incident at Ballymacool, Letterkenny on February 16th, 2010 in which Patrick McDonagh was killed.
Mr. McDaid has denied a charge of dangerous driving causing death but has admitted not having a valid driving licence at the time.
Charging the jury at Letterkenny Circuit Court, Judge John O’Hagan told them they had the option of reducing the charge to careless driving. He said the case was a very emotional one which involved sorrow, outrage and sadness. Judge O’Hagan said the incident was a parent’s worst nightmare which had unfolded in front of Patrick’s father.
He said the jury must decide whether Mr. McDaid’s driving was dangerous, careless or that the incident was “just a freak accident that has tragic circumstances for everyone”.