The mother of a young man who was "deliberately run down" by a car in Tallaght, Dublin, has sued the vehicle owner and the owner's brother who had taken out a temporary insurance policy on the car at the time.
The High Court heard that Stephen Lynch’s body was dragged more than 50 feet under the car before it stopped and the driver and one or two other men got out and fled.
Vera Lynch (57), mother of Stephen, who died at the scene on April 13th, 2017, has sued the car owner, Otis Reynolds, and Dean Reynolds, who had taken out the temporary insurance policy.
Judgement in default has already been obtained against the Reynolds, both of Windmill Road, Crumlin, Dublin, who did not appear to defend the case.
It is going ahead against two other defendants: the Motor Insurers Bureau of Ireland (MIBI), which compensates victims of uninsured/untraced driving, and Axa Insurance, which had provided the temporary cover for Dean Reynolds.
Both deny liability. The MIBI says the driver/user of the car was covered by an insurance policy and is not untraced or unidentified.
Axa says the gardaí, who treat this as an unsolved murder case, have said in an official report that the driver was "not known" and fled the scene with a passenger.
Axa says for the Dean Reynolds policy to operate there must be evidence of his driving and there was not.
It is alleged against the Reynolds brothers, that the car was driven dangerously by Dean and/or Otis, and collided with Mr Lynch causing his death.
Opening the case, Aedan McGovern SC, for Ms Lynch, said Stephen went to Brookwood Close, Tallaght, at around 7pm that evening with an acquaintance and was standing on the roadway talking with the occupants of a Ford Focus.
Following some discussions, the car reversed backwards and then drove forward striking Mr Lynch.
The car continued forward for some 50 to 60 feet with Mr Lynch underneath it before it came to a halt and the occupants jumped out and fled, counsel said.
Neighbours who had come out lifted the car off Mr Lynch who was fatally injured. Emergency services had been called and told he had been told it was a "deliberate running down", counsel said.
The court heard gardaí set up a murder investigation and the following year a file was sent to the Director of Public Prosecutions (DPP), who decided there should be no prosecution against any person for any offence.
Subsequently, in 2023 there was a peer review of the case in which officers from a different area looked at the case with fresh eyes. A file was again sent to the DPP who once again recommended no prosecution.
The court heard from a number of gardaí involved in the investigation who were cross-examined by Paul Murray SC, for the MIBI.
Edward Walsh SC, with Eamon Marry SC, for Axa, voiced strong objections to certain evidence being led in relation to the investigation. Mr Walsh said the official Garda report said the driver had not been identified and fled the scene.
Counsel objected to what was now a "trial by suspicion and by garda ambush" in which the court was being deliberately led into error by the MIBI, and it should be completely withdrawn.
Mr Justice Tony O'Connor ruled the case should continue and counsel could make submissions on certain matters at the end of the trial.
In her claim, Ms Lynch says she was brought to the scene of the incident that night where she was screaming at the sight of her son on the ground. The body was also left at the scene overnight, the court heard.
She has since suffered significant anxiety and has been diagnosed with post-traumatic stress disorder. She has been continuously treated by her GP with anxiety and depression medication.
It is claimed that the failure of the DPP to prosecute anybody for her son's death is a source of great anger and depression for her and has severely aggravated her depression.
The case continues.
