The jury in the case of a man charged in connection with the deaths of a Co Limerick garda and a firefighter, who were killed while attending the scene of an another crash, has failed to agree a verdict.
Niall Shannon, of Lenamore, Ballylongford, has denied dangerous driving causing the deaths of Garda Brian Kelleher and fireman Michael Liston at Barrygone on the main Foynes to Askeaton Road shortly after 5am on 25 February 2007.
Shannon has already been convicted of driving with excess alcohol on the night of the fatal collision.
The State argued Shannon had ignored a number of warning signs, that he had been drinking that night and that his mobile phone had been used in the moments prior to the crash.
His defence claimed he took evasive action but that the accident on a blind dangerous bend was unavoidable.
The families of the two dead men were upset at the verdict but made no public comment.
After deliberating for over five hours this afternoon and this evening, the jury returned to say they could not agree a verdict.
This is the second time the matter had come to trial.
Exactly one year ago another jury was also deadlocked on the same charge against Mr Shannon.
The DPP must decide if proceedings for a third trial will be initiated and the case was adjourned to 30 October.
Completing his charge to the jury earlier today, Judge Carol Moran said the jury must decide was the accused driving dangerously.
The judge said the prosecutions referred to the four issues of speed, drink, the use of a mobile phone and ignoring a number of warning signs.
He said and that any one of these four would be sufficient to constitute an offence of dangerous driving, but that when the four are taken together the case against the accused is compelling and clearly constitutes dangerous driving.
It is the defence's case that Mr Shannon was confronted with an emergency, that he took evasive action as best he could and the accident was unavoidable.
He added it was a very difficult case because it involved the tragedy of two men losing their lives, but he said this was not to be a factor in their deliberations.
