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Crash trial adjourned until October 02.05.12

THE trial of a man charged with dangerous driving causing eight deaths in Inishowen nearly two years ago has been adjourned until October.
Shaun Kelly (23), Hill Road, Ballymagan, Buncrana, appeared at Letterkenny Circuit Criminal Court on Tuesday where his defence team made a number of applications and asked for an adjournment.
Defence barrister Peter Nolan BL., requested an extension of the legal aid certificate to cover the costs of an engineer, a psychiatric report and a rehabilitation report. Legal aid was previously granted to cover the cost of one junior and one senior counsel. The court was told that the senior counsel who will defend Mr Kelly will be Patrick Gageby SC.
Judge Donagh McDonagh granted the defence's requests but said he would limit the amount of legal aid to only cover the cost of an engineer operating in the Donegal circuit. He told the defence team they couldn't "go heading off to the Massachusetts Institute of Technology" for their expert witness.
Mr Nolan assured the court their chosen engineer would be from either the West or North of Ireland.
Patricia McLaughlin BL., for the Director of Public Prosecutions asked the court why a psychiatric report was necessary unless there was a "fitness to plea" issue.
Judge McDonagh told Ms McLaughlin that the application was entirely a matter for the defence and that the DPP had no role whatsoever in opposing it. "It's not coming out of your pocket," the judge said.
Ms McLaughlin said she was not opposing the application but was asking on what basis it was being made.
Mr Kelly, the sole survivor of the two-car crash at Meenaduff, Clonmany, on July 11, 2010, is charged with dangerous driving causing the deaths of Hugh Friel (66), Urris, Clonmany; Mark McLaughlin (21) of Ballinahone, Fahan; Paul Doherty (19), of Ardagh, Ballyliffin; Ciaran Sweeney (19), of Ballyliffin; PJ McLaughlin (21), of Rockstown, Burnfoot; James McEleney (23), of Meenaduff, Clonmany; Eamon McDaid (22), of Ballymagan, Buncrana; and Damien McLaughlin (21), of Umricam, Buncrana.
Mr Nolan was also granted a Section 56 application for a copy of the tape recordings of Garda interviews with the defendant. The case was adjourned until October 23.
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