A court has heard there are questions around whether the handbrake was on when a parked car rolled down a Co Tyrone street and injured Co Tyrone singer Malachi Cush and another man.
Mr Cush had been loading gardening equipment into the back of his car outside SA Trotter's hardware store in Dungannon when he and Andrew Trotter were struck.
Both men suffered head and other injuries, with Mr Cush requiring surgery to his legs.
Tommy McCrystal (84), from Ard Gannon, Dungannon, is accused of leaving a vehicle in a dangerous position.
It is alleged that on the morning of June 3 last year, he was in charge of a Volvo at Little Scotch Street which he left to remain at rest on a road in a manner likely to cause an obstruction or danger.
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A defence barrister told Dungannon Magistrates Court yesterday that an engineer’s report may be required and while McCrystal accepts parking his car in a lay-by, there is dispute around whether the handbrake was on.
The car is fitted with a device which automatically applies the handbrake once the central locking is engaged.
However, the defence said there is some doubt whether the autobrake applies when the vehicle is in ‘Park’ rather than ‘Neutral’ – the position confirmed by police at the time of the collision.
It also emerged there had been discussions ahead of the latest hearing with the prosecution, who confirmed the case is continuing.
The defence suggested a possible “third way” to deal with the matter, which may involve the court studying the vehicle’s operational manual.
“The issue is whether the car has to be in ‘Park’ for the autobrake to apply.”
District Judge Michael Ranaghan adjourned the case for mention later this month.