The jury in the trial of a garda charged with dangerous driving causing death has been told that the patrol car being driven by him pulled suddenly across the road and collided with a motorcycle, killing its driver.
Garda Trevor Owens from Cootehill, Co Cavan, denies the single charge which arose from the death of 21-year-old Gary Tully from Silver Lawns in Navan in an accident near Kells in August 2008.
The trial, taken following an investigation by the Garda Ombudsman, is expected to last two weeks at Trim Circuit Criminal Court.
Witness Derek McInerney told the court that the weather was very bad on the day of the accident. There had been a lot of rain and there were heavy floods.
He was driving towards Kells when he was overtaken by a motorcycle having just come through a flood.
He said he believed the bike was accelerating up to 90 miles per hour.
The motorbike was on its incorrect side as it overtook him but began to pull over onto its correct side.
A garda car was coming in the opposite direction and he swerved suddenly across in front of the motorcycle.
Mr Tully could not avoid the collision and he was thrown from the bike as a result of hitting the rear of the garda car, the court was told.
The witness said that in his view, the garda wanted to stop the motorcycle and he did.
Under cross-examination by Roderick O'Hanlon, counsel for the defendant, Mr McInerney said the motorbike was clearly moving back onto its correct side of the road and that the impact happened on his side of the carriageway.
Asked was it not the case that the garda was trying to avoid a collision with a motorcycle travelling at high speed on its incorrect side of the road, Mr McInerney said that was not his view.
He was also asked if travelling on a motorcycle at up to 90m/hr in bad weather was a dangerous thing to do, he replied "that's not for me to say."
Earlier, the court heard from Garda Brian McKenna.
He said he had been asked by Garda Owens to pick up his wife at around 5.30pm near Virginia because of the heavy flooding on the road.
As they returned towards Kells, they were overtaken by a motorcycle travelling at speed. He said he put on his siren and flashing lights and followed the motorcycle driven by Mr Tully.
At one stage as they drove through the village of Carnaross, the motorcyclist looked back and could see the garda car a distance back.
The witness said he knew at that stage that Mr Tully was aware there was a garda car following him. He radioed Kells Garda Station to say a motorcycle was speeding on the road and heading towards the town.
Later he heard Garda Owens on the radio calling for an ambulance to be sent out.
Garda Owens' wife Clare was also called by the prosecution to give evidence against her husband.
She said she could recall the motorcycle overtaking them at speed and driving off down the road.
