Accounts of car indicator are different

A CHARGE of careless driving against Andrew Roarke Shannon (30), of Kilcoran, Camolin, was dismissed at Gorey District Court, after there was a clear conflict in evidence given by the State’s witnesses.

He was charged with careless driving, as well as driving without tax or an NCT at Rossminogue, Craanford, on January 25, 2015.

He was overtaking a Honda Civic driven by Sean Doyle of Curracloe, when the Honda began to turn right into a driveway, and the two vehicles collided.

Mr Doyle maintained he had his indicator on to turn right. His sister-in-law Sadie Heffernan, who was in the front passenger seat, said the same as did Mr Doyle’s wife, Elizabeth, who was standing in a driveway on the left-hand side of the road with Stephen Whelan, who also saw the right indicator on.

However, solicitor Peter Creane said his client Mr Roark Shannon would say the left indicator was on. One of the State’s witnesses, a motorist travelling behind, Derek Walker, of Ballyduff, said the same.

Mr Creane said Mr Shannon believed the car was pulling in to the driveway on the left where the two people were standing, which is why he went to overtake. Mr Walker also said he was preparing to overtake.

There were also differing accounts of when the indicator was switched on, and a suggestion that Mr Shannon’s car was travelling like a ‘rocket’ was not borne out in the skid marks on the road.

Mr Creane said his client’s vehicle went for an NCT one month before the collision and didn’t pass.

He was also in the process at the time of getting the car taxed as a vintage vehicle. This has now been done and arrears have been paid.

Mr Creane pointed out the he conflict of evidence in the State’s case and said his client should be given the benefit of the doubt.

Judge Haughton agreed and dismissed the charge. He fined him €200 for no NCT.