UH/0581

Bomb ambulance driver fined after fatal accident
By MICHELE CANNING

Incident will be a heavy burden on driver
COURT ACTION against an Enniskillen ambulance driver, who killed a motorist as he ferried one of the injured of the Omagh atrocity, has been described as another
sad irony of that day.
Omagh councillor Paddy McGowan who is also director of the Northern Ireland Ambulance Service, spoke of his sorrow this week after the ambulance driver received a £750 fine for the accident.
At Belfast Crown Court on Thursday last, 64 year old James Entwhistle, admitted causing death to Newtownards man, Gary White, by dangerous driving.
The Court heard he had been on duty for 27 hours having volunteered for extra shifts because of the enormous pressure in emergency services after the Real IRA bomb on August 15th.
The bus driver had been ferrying one of the injured Spanish school children to the Ulster Hospital in Dundonald for plastic surgery when he drove through a red light hitting the deceased's car.
The death of the 37 year old Newtownards man was blamed on the Real IRA, who planted the 300lb bomb in Market Street, at the Crown Court.
Mr McGowan, told the 'Herald' of his sorrow at seeing Mr Entwhistle - who has gone into retirement - before the court.
"It is with great sorrow that I see the plight of this poor man, who had worked 27 hours to give his best to the injured of the Omagh bomb and in one unlucky moment there was a tragedy.
"It is another part of the sad irony and tragedy of Omagh, it occurred possibly directly and indirectly because of the bomb in the town.
"He dedicated his life to his job, and he is a kind caring gentleman.
"He received a heavy penalty and he has suffered enough," he added.
Mr McGowan said he was pleased that the family of the dead man did not want court proceedings.
And pressure is now being placed on the government to change traffic laws to protect drivers of emergency vehicles involved in accidents.
UNISON'S Deputy regional Secretary, Patricia McKeown, said the prosecution had been against a man on a mission of mercy.
"The death of a patient in an ambulance is an enormous enough tragedy made all the more poignant by the horror which gave rise to the casualty in the first place."
She said the court judgement did not seem to recognise that a different set of rules need to be applied to people who try to save life
"Current laws place ambulance staff in the same category as reckless, dangerous or drunken drivers. But our ambulance personnel are public servants whose sole mission is saving life," said Patricia McKeown.
She said UNISON, whose members are asked to contribute £1 each to help pay the fine, is not arguing that emergency services are above the law, but said new rules need to apply.
Meanwhile, Director of Operations for NIAS, Kenny McMahon said any change that benefits both drivers and patients would be welcomed.
But he added "That should not be to the detriment of the public."
At Belfast Crown Court, defence QC, Kevin Finnegan, said his client had no record and had never been involved in an accident having worked in the health service for 42 years.
"The length of time he had been on duty is a factor in this case, and by his plea of guilty he accepts his responsibility.
"He is grateful to Mr White's family for their gratitude, but he accepts he caused this accident and is full of remorse over what happened."
Mr Finnegan said the death of Mr White was caused by the Omagh bombers as much as by anything else.
Sentencing, Judge Hart said the accident was caused, not by excessive speed, but by the fact that the ambulance driver's view to his left was obscured and he failed to appreciate the possibility of a car emerging from the left.
"Drivers of emergency vehicles are permitted to go through a red light provided it is safe to do so.
"The driver would normally sound his siren as an additional means of alerting other drivers, but it appears that at the junction the siren was off so as not to distress the passenger."
"But," he added, "the accused had been on duty continuously for a long period and no-one would be other than very tired and have their faculties and reactions seriously diminished by this.
Judge Hart added that the driver's speed of between 30 and 40mph was not grossly excessive in the circumstances and was not an aggravating factor.