Driver who moved car is given road ban

Bray People - - NEWS -

A Kilkenny man who was out with his Ark­low part­ner for the evening ‘fool­ishly moved his car’ af­ter he con­sumed al­co­hol.

Gary Con­don of 13 The Pines, Rosleigh, Moon­coin, Co Kilkenny, was charged with driv­ing while over the limit at Knock­more, Wex­ford Road, Ark­low, on Novem­ber 5, 2015.

The court heard that he was go­ing home to his part­ner’s house and de­cided to move his car ap­prox­i­mately 500 me­tres in or­der to get home. It was out­lined that he was not in a very drunken state but was found to be over the limit. A fine of €600 and a two-year driv­ing ban were im­posed. A MAN ac­cused of care­less driv­ing avoided a con­vic­tion be­cause there was doubt in the case, a judge has ruled.

Pau­ric Red­mond (42) of 27 Ocean Cres­cent, Ark­low, ap­peared in Bray Dis­trict Court last Thurs­day.

The charge re­lated to an in­ci­dent in­volv­ing a col­li­sion be­tween a cy­clist and Mr Red­mond’s lorry on June 17, 2015, at Calary Up­per, Kil­macanogue.

The cy­clist, Stephen Pike, told the court that he was out cycling with a friend that day, do­ing a cy­cle of around 80 km.

They stopped in Laragh for a cof­fee be­fore head­ing back to­wards Grey­stones.

At ap­prox­i­mately 12.30 p.m., Mr Pike said he saw a lorry com­ing to­wards them, in­di­cat­ing to turn right into a house.

‘He pro­ceeded to turn, go­ing very slowly across the road and didn’t give me enough time to brake,’ he said.

His friend was be­hind him and later told the court that he also found it dif­fi­cult to stop.

Mr Pike said that there was around 200 me­tres be­tween him and the ve­hi­cle be­fore Mr Red­mond be­gan to take the turn.

He suf­fered in­juries in the col­li­sion, in­clud­ing six bro­ken ribs. Mr Pike said that he was trav­el­ling at 61 km per hour at the time of the col­li­sion.

So­lic­i­tor Padraig Hy­land, was was de­fend­ing Mr Red­mond, said that the speed limit on that road at the time was 50km/h, sub­se­quently changed to 30km/h.

In­spec­tor Martina Noo­nan agreed that was cor­rect.

Judge Alan Mitchell asked Mr Pike if he would have been able to stop if a child or a dog had run out in front of him. ‘I don’t be­lieve so,’ he said. ‘As a road user, you are sup­posed to be able to stop in the event of an emer­gency,’ said Judge Mitchell

Mr Pike’s com­pan­ion on the day was off-duty de­tec­tive garda Wil­liam Bros­na­han. He de­scribed the in­ci­dent, say­ing that Mr Pike was 15 to 20 me- tres ahead of him.

‘I saw a white lorry ap­proach as we con­tin­ued our de­scent. To my shock, I no­ticed that it was get­ting slower and com­menced to turn. Stephen en­gaged his brakes and I en­gaged my brakes. He moved left and right in the road­way to max­imise brak­ing dis­tance.’

While Mr Bros­na­han did stop, he said that he found it dif­fi­cult to do so.

Mr Red­mond and an­other mo­torist at the scene, as well as Mr Bros­na­han, all helped Mr Pike and called the emer­gency ser­vices.

The sec­ond mo­torist told the court that as Mr Red­mond turned right, he could see the bend ahead and then saw two cy­clists come out of the bend.

Mr Red­mond said that he was work­ing on a site that day and had worked in the area for over a year.

He had gone to get diesel for a dig­ger and the col­li­sion oc­curred on his re­turn.

Mr Red­mond said that cars were flash­ing as he drove up the hill. He said that he looked up and saw noth­ing com­ing be­fore he in­di­cated and turned.

‘I heard some­thing bang into the back,’ he said.

He said that he got a shock. Mr Red­mond got out and picked Mr Pike off the ground. He also picked up the bike.

Mr Hy­land said that he ac­cepted that Mr Pike had suf­fered a nasty in­jury but he said that his client, Mr Red­mond, did ex­e­cute due care.

‘He did in­di­cate and made an ap­pro­pri­ate ma­noeu­vre across the road. The cy­clists were ex­ceed­ing the speed limit. There is an el­e­ment of doubt and the ben­e­fit of the doubt should be af­forded to Mr Red­mond,’ said Mr Hy­land.

Judge Mitchell said that the case against Mr Red­mond did not reach the high stan­dard re­quired to prove care­less driv­ing.

‘ The ev­i­dence cre­ates a doubt,’ he said, dis­miss­ing the mat­ter.

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