Accused blamed boy's mum for fatal crash, trial is told
The trial of a man accused of causing the death of a toddler in a crash two years ago has heard he attempted to blame the child's mother for the collision.
However, prosecution QC Liam McCollum told a Dungannon Crown Court jury yesterday that 25-year-old John Fahy's claim did not "fit any of the evidence".
Fahy, from Groagagh Grange in Sligo, denies causing the death of 19-month-old Ryan Cox by driving without due care and attention outside Belleek in Fermanagh on January 14, 2013.
The Ulster University architectural student, who was badly hurt in the crash, also denies causing grievous injury to Ryan's mother Katriona by careless driving.
Trial judge Madam Justice McBride also heard prosecution claims that the evidence would prove it was Fahy's Renault Megane that had been on the wrong side of the road when it collided with Mrs Cox's Peugeot 307.
Mr McCollum said that shortly before 4pm on the day Mrs Cox, with Ryan strapped into his baby seat, had travelled a mile from her home when her car was in collision with Fahy's.
The lawyer told the court it was the prosecution case that as Fahy was driving around a bend he lost control of his car, ended up on the wrong side of the road and collided with Mrs Cox. His driving, said the lawyer, fell below what would have been expected from a competent driver.
Mr McCollum added that while Mrs Cox had no memory of the tragic events, Fahy had attempted "to blame her for the accident".
The court was told that when interviewed by police Fahy claimed "the last thing I remember was being in my lane doing about 45 to 50mph", and that as he rounded the corner he remembered seeing Mrs Cox "trying to correct" her position and get back into her own lane.
When asked by police if he was suggesting Mrs Cox was in the wrong lane, he replied: "Yes."
Mr McCollum told the jury it was the Crown's case that Fahy's account "does simply not add up or fit any of the evidence".
The trial, expected to last at least a week, continues.