Driver accused of causing death of cyclist is given more time to decide plea
Marcella Duffy (61) is charged over the death of father-of-three John Walsh, who was fatally injured in a road crash last year.
A woman accused of dangerous driving causing the death of a cyclist has been given more time to get an independent engineer's report before deciding on a plea.
Marcella Duffy (61) is charged over the death of father-of-three John Walsh, who was fatally injured in a road crash last year.
Her case was further adjourned at Dublin District Court today after her defence said their engineer's report was not ready yet.
Ms Duffy, from Streamstown Lane, Malahide, Co Dublin is charged with dangerous driving causing the death of Mr Walsh at the Malahide Road, Dublin 17 on February 18, 2024.
The charge alleges that she drove a vehicle "in a manner (including speed), which having regard to all the circumstances of the case," including the condition of the vehicle, the nature and condition of where it was driven and the amount of traffic, was dangerous to the public, thereby causing Mr Walsh's death.
Ms Duffy first appeared in court in February and the case has since been adjourned for the accused to consider whether to sign a plea to the charge.
John Walsh
Today, her solicitor Michael O'Connor told Judge Treasa Kelly the defence had preliminary disclosure from the prosecution including a forensic report. Legal aid had been extended to cover the defence's own engineer's report but 'that is not ready', he said.
He had been told it would be ready on June 9 and asked for an adjournment.
Judge Kelly noted that the DPP had direct the case could either be tried in the circuit court, or sent forward on a signed plea of guilty if that should arise.
Marcella Duffy
News in 90 Seconds - May 16th
'That is what we have to decide,' Mr O'Connor said.
A prosecution solicitor said the accused had had two months to consider her position. If she was contesting the charge, a book of evidence would be required. The book was not likely to be ready on the next date and the solicitor said 'we have been waiting for confirmation' of the defence's position.
Judge Kelly extended time for the preparation of the book of evidence and remanded Ms Duffy on continuing bail, to appear in court again on June 20.
Mr Walsh, a solicitor for AIB from Malahide, was a keen racing cyclist and was captain of UCD's Cycling Club.
He was out riding his bicycle at 9.30am when the collision happened.
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