Bus involved in Dublin-quays collision was 'well maintained'

He said the bus driven by Kenneth Henvey "could not have experienced a power surge or unintended acceleration as a result of an electronic or component failure".

Mr Henvey (aged 51) of Whitethorn Crescent, Palmerstown, has pleaded not guilty at Dublin Circuit Criminal Court to dangerous driving causing the deaths of two men and three women at Wellington Quay on February 21, 2004.

Gda Tucker, a Public Service Vehicle Inspector, told Thomas O'Connell SC (with Mr Patrick McGrath BL), prosecuting, that he was a automotive engineer and accident investigator of 30 years experience and had carried out technical examinations of both buses involved in the incident.

He said that the foot, hand and emergency brakes on Mr Henvey's bus were found to be in "good service" and "very good working order". The steering mechanism was in "good serviceable condition", the tyres were "in good road worthy condition" and the acceleration, gear engagement and safety systems were "functioning correctly."

The jury earlier heard that a number 66 bus had pulled in some distance from the kerb in front of Mr Henvey's parked bus. A crowd of up to 30 people moved forward to board the 66 bus when Mr Henvey's bus mounted the pavement and drove up the inside of the 66 hitting the people waiting to board it.

Gda Tucker said he had test driven Mr Henvey's bus and found the brakes "responsive". He gave evidence of similar findings in relation to the 66 bus.

Gda Tucker said Mr Henvey's bus had suffered impact damage to the front, left and right sides and the undercarriage as a result of the incident.

He said that an onboard computer system which records electronic faults indicated that no faults had arisen in the 50 hours leading up to and including the incident.

He said he found that the bus' fuel management system always reverted to a "fail safe mode" when a fault occurred which would cause the engine to cut out or idle.

Gda Tucker said he was satisfied that the onboard Electronic Control Unit showed "no latent defects or other faults which would have contributed to the likely cause of the collision."

Eyewitness Angela O'Farrell told the jury she saw Mr Henvey get on to the out-of-service bus. She believed he started the engine and said she saw him check over his right shoulder, then look to the front and move off.

Ms O'Farrell was standing at the bus stop where Mr Henvey's bus had been parked and she said she saw the a 66 bus come down the Quays. She heard a loud braking noise and saw Mr Henvey's bus mount the pavement and run over an Asian girl's legs.

Ms O'Farrell said Mr Henvey's bus was moving slowly, no more than 15 miles per hour. She said she thought the 66 bus was still moving when Mr Henvey's bus moved off and that the two buses were almost parallel.

"I had the impression that the driver thought he was being let out by the 66 bus as it was coming to pull in," she said.

She agreed with Patrick Gageby SC (with David Burke BL), defending, that she did not see the 66 bus stop and people board. The jury had earlier heard from eyewitnesses who said the 66 bus had stopped and up to three people had boarded when Mr Henvey's bus approached.

Ms O'Farrell said that when Mr Henvey's bus stopped he had his head in his hands. She wanted to ask him if he was all right but realised "it was a bit of a stupid question".

Martin Dowling said he was on the boardwalk of the north quays taking photographs of his son when he heard a loud bang and screaming "similar to what you would hear at a funfair when people are on the waltzers".

The hearing continues before Judge Michael White and a jury of four women and eight men.