Barrister delivers powerful plea for A5 dual carriageway

IN a passionate submission to the High Court, barrister Stephen Toal KC delivered a searing indictment of the delays plaguing the construction of the A5 dual carriageway, declaring that continued legal challenges were putting lives at risk.

Representing Tyrone GAA’s ‘Enough is Enough’ campaign, Mr Toal emphasized the human cost of inaction, describing the road as a “death trap” that had claimed 57 lives in the past 18 years alone.

The barrister drew a poignant picture of grief-stricken communities, where families live in constant fear each time a loved one travels along the notorious stretch.

“Parents sit with knots in their stomachs, and mothers wait for the phone to ring, praying their children have survived another journey,” he told the court.

“No person should have to live like that – especially when it is entirely preventable.”

Among those in attendance at the High Court was GAA president Jarlath Burns, whose presence was described as a symbol of the association’s ‘unwavering commitment’ to the victims and their communities.

His support underscored the widespread backing for the campaign within the sporting and local communities.

Highlighting the devastating impact of the road’s safety record, Mr Toal compared the death toll since 2007 to the combined losses of the Dublin-Monaghan bombings and the Omagh Bombing – two of the worst atrocities of the Troubles.

“The mass loss of life is staggering. It is an absolute miracle that we have only lost 57 souls,” he stated, pointing out that, on average, one person is injured on the A5 every three days.

Mr Toal also underscored the psychological toll on bereaved families, who are often forced to relive their trauma when passing the wreckage of yet another crash.

absolute torture

“It is absolute torture,” he said, condemning the continued legal objections that have stalled the project.

Beyond the tragic human cost, he addressed the economic implications, arguing that the failure to proceed with the road upgrade was not only affecting the well-being of residents but also impeding economic progress in the region.

Toal fiercely challenged the motivations of the nine appellants contesting the road’s approval, arguing that their persistent legal actions were eroding public confidence in the rule of law.

“The applicants in this case have had more than a fair opportunity to access the courts over the past 20 years. But the end has now arrived. Enough is Enough.”

His closing words left no room for doubt: “Further deaths can be avoided—but only if this road proceeds without delay.”

However, Mr Justice McAlinden cautioned that his ruling in the Judicial Review would be based on legal grounds rather than emotion.

The hearing marked the fifth day of submissions from legal representatives of opponents of the scheme, the Alternative A5 Alliance, the Department for Infrastructure, and the ‘Enough is Enough’ campaign.

Both campaign groups, one advocating for improved road safety and the other opposing the project on environmental and planning grounds, have been present in court throughout the proceedings.

A ruling is expected in the coming weeks.

However, if the decision favours the project, it could still be appealed to the Court of Appeal and ultimately the House of Lords, potentially delaying the scheme further.