Fatal car crash driver wasn’t on his phone

The inquiry into the death of a 15 year old pedestrian, who received fatal head injuries in an accident two years ago, was brought to a close after her family were presented with evidence to show that the driver of the car was not using his mobile phone at the time.

The Coroner for West Galway, Dr Ciaran MacLoughlin, considered this as sufficient to bring the inquiry to a conclusion, more than two years after the death of Leah Feeney, of Clynagh, Carraroe.

“It is not up to the Coroner to engage in criminal or civil investigations, but in the interests of transparency and establishing the truth, this is what I’ve done,” he said.

“I’m quite happy that Mr Seoige was not engaged in any activity on his telephone at the time of the accident.”

Ms Feeney had been walking along the road near Rossaveal Pier with a friend at twilight on May 1 2013, when she was struck by a car.

Her family did not wish the hearing to be concluded until there was evidence presented to prove that the driver, Colm Seoige (22), was not handling his mobile phone at the time.

Specifically, they wanted to hear from to the Garda who had had handled his device in the aftermath of the accident.

“This is to allay any fears or suspicions by the family that he had been engaged on the telephone at the time of the accident,” Dr MacLoughlin explained.

He had previously advised the family’s legal representative that an individual’s phone records were “highly guarded and protected by legislation.” And, for fear of trespassing on Section 30 of the Coroner’s Act 1962, which deals with questions of civil or criminal liability being entered into, he would only permit the Garda to confirm that he had looked at the telephone records, and divulge whether or not there was any activity on the phone at the time of the accident.

Detective Garda Barry Walsh gave evidence to say that, that although the software he was using was incompatible with the Nokia Lumia mobile phone he had received, he had applied for and received a hard copy of Mr Seoige’s phone records.

“These will show internet activity, messages sent and received, and calls received and dialled – there is no way of editing the call records, anything that happens is on the call records,” he advised the Inquiry.

“At the time of the accident, there was no traffic recorded on the mobile device. The last text message was sent at 21.38, the accident was at 21.43.”

On September 18, the Inquest heard that Mr Seoige was heading to visit his girlfriend in Carraroe, but that he had not seen Leah Feeney walking along the roadside as a car coming towards him had blinded him with its headlights.

He said that he had slowed down, as his visibility was impaired, but that he was not blinded altogether until the car was right in front of him. By this stage, however, it was too late, and he had hit Leah. He attempted to swerve right to avoid her, but failed, and she was thrown forward along the ditch.

In concluding the Inquest at Galway Courthouse on Friday, Dr MacLoughlin reiterated to Leah’s parents that their daughter’s injuries had been so severe that she would not have suffered any pain.

”To lose a child in these circumstances was a terrible tragedy,” he said. “I’m sure that the pain is with you every minute of the day.”

For more on this story, see the Connacht Tribune.