Crashed into tree after row

A South Armagh man who crashed into a tree in the early hours of the morning in North Louth was prosecuted for drink driving after he made a statement admitting it to Gardai.

Damien Rafferty, (38), St Patrick’s Park, Cullyhanna, admitted driving under the influence at Shortstone, Hackballscross on July 14 2013. Gardai were called to the scene of a traffic accident at around 5am and found that a van had hit a tree.

Gardai said Rafferty was there on his own and he was ‘very drunk at the scene’. He was taken to hospital by ambulance but the procedure to take a sample was not adhered to properly and it was invalid.

But on August 28, Rafferty made a statement to Gardai saying he had been drinking and had taken a road he shouldn’t have, ending up crashed into a tree.

Judge Alan Mitchell remarked that ‘most people would have said nothing’ and added that ‘if every citizen was as helpful as him’ the courts would not be as busy.

Inspector Martin Beggy said he ‘ had to commend’ Rafferty for his admissions’ as ‘everything was put in the prosecution’s basket’ by the defendant who was ‘ very helpful’. He said it was unusual that significant admissions were made in this way.

Rafferty had been out earlier in the night and there had been a row with his girlfriend. He had gone home and had ‘a short sleep’ after which he got into his van and decided to make it up with her.

Inspector Beggy said homeowners in the vicinity of the crash heard the accident and went to the scene to assist, calling the emergency services.

Solicitor Niall Breen said his client, who has one previous conviction for assault dating from 2007, was before the court ‘as a result of his own admissions’. Mr Breen said Rafferty, who his a part-time joiner, had fallen asleep on his couch and woke up around 5am to ‘sort out his difficulties’ but crashed into a tree.

No private property was damaged and Rafferty ‘made full admissions in a cautioned statement in which he said he was very remorseful for his actions’.

The solicitor added the driver ‘accepts that he could have killed himself or someone else’ by driving with drink on board. In addition, he admitted having no insurance on the van, which was written off as a result of the crash.

Judge Mitchell fined Rafferty €50 for having no insurance and €100 for drink driving. He banned him from driving for four years. The judge said the fines were at a reduced level to reflect the fact that he co-operated to such an extent that in relation to the drink driving, it would have been difficult to prosecute it otherwise’.