Gardaí in the case of an Offaly man accused of causing the death of a Carlow man, were told they needed to preserve evidence and notify concerned parties before disposing of anything relating to a case.
Three Supreme Court judges, upholding a High Court decision to halt the prosecution of Denis Ludlow, of Clonmore, Fahy, Rhode, Co Offaly for dangerous driving at Roscat, Tullow on October 8, 2002, causing the death of Darren O'Neill Rathrush, Rathoe, rejected the Director of Public Prosecutions’ appeal saying a lack of physical evidence in the case risked an unfair trial.
In 2002, Mr Ludlow was driving in very wet conditions at Roscat when the crash occurred, causing the death three days later of Mr O’Neill.
Witnesses at the scene said the Iveco box truck Mr Ludlow was driving, though he did not own it, slid on the road over to the incorrect side and collided with the car in which Mr O'Neill, his wife Theresa, and their son Dylan was travelling.
The truck was examined at the scene and a garda public service vehicle inspector said he found the right front and right rear tyres excessively worn.
He concluded that this would have contributed to a loss of control in wet road conditions. Photographs were taken by gardaí of the tyres and the truck was given back to its owner Kildare man, Ray Snowdon.
Charges of dangerous driving causing death and driving a vehicle with excessively worn tyres were then brought against Mr Ludlow.
Before the case came to trial, the tyres were disposed of and the defence had not had a chance to examine them.
Supreme Court Justice Susan Denham said the case raised the issue of the preservation of evidence before a trial, and the facts were therefore critically important.
She said it had been inappropriate to return the tyres to the owner after a serious accident just as it would be to return a bloody knife.
She also said gardaí should have known to preserve the evidence if they realised they were of sufficient import to photograph them.
