Driver changed story about crash

An incident in which a car crashed through a wooden fence and into a field, has been recalled at Dundalk court.

Before Judge Cheatle was Shane Kieran (23), Magoney, Inniskeen, who pleaded ‘not guilty’ to drink driving and no insurance charges arising out of an accident which took place at Dunbin, Knockbridge in the early hours of 24 June, 2016.

He told gardaí at the scene that he had been driving but subsequently denied being behind the wheel when re-interviewed.

At the end of a full hearing he was convicted of both charges.

Kieran was fined €300 and disqualified for two years for drink driving. The no insurance charge was taken into consideration.

Garda Stephanie Treacy gave evidence of being on the way back to Dundalk after operating a checkpoint at Dunbin when she saw a wooden pole on the road.

After getting out she noticed damage to a wooden fence and saw lights of a car in a field. Two men were standing outside this vehicle.

One of the males was bleeding heavily from his face, the other less so from an ear.

Gda Treacy attended to both by sitting them down. She got a smell a drink from each of the men and cautioned them.

Shane Kieran told her he had been driving when the car crashed going from Dundalk to Knockbridge.

‘I’m really sorry. I know I shouldn’t have been driving,’ he said.

The defendant was arrested for drinking driving at 1.25am. A subsequent breath analysis showed a reading of 51.

Gda Treacy replied to solicitor Conor MacGuill that the other person was bleeding more. There was ‘quite a lot of blood’ on the passenger seat. This blood was not analysed.

The second man was taken by ambulance from the scene, but Kieran refused further assistance after being examined by the ambulance crew.

Mr MacGuill put it to the witness that his client subsequently made a ‘particular allegation’ – not against Gda Treacy – and when re-interviewed by a detective inspector said he was not driving on the occasion. He also identified other people who were in the vicinity.

Gda Treacy said no other people were identified to her, and there was nobody else present when she arrived.

Applying to have the matter dismissed, Mr MacGuill submitted the ‘garnering of evidence in the circumstances was inappropriate and insufficient’.

The passenger had not been asked to make a statement and he couldn’t understand why that wasn’t done.

Inspector Liam Archbold said Gda

Treacy acted properly and in good faith. She had cautioned Shane Kieran before questioning him.

‘ The accused said he was driving. There was no need to go further.’

Judge Cheatle ruled the State had made out a ‘prima facie’ case. He refused the defence application.

Shane Kieran testified that on this night he had been in a cottage in Knockbridge ‘drinking away’.

The keys of his car were on the mantelpiece and the other man took them, saying he was going into town.

‘I jumped in. I was not driving from that point on.’

He added: ‘I was told his crowd was going to come after me if I didn’t say I was driving.’

The witness added he made an admission of driving.

‘I was afraid. My head was busted.’ The defendant told Inspector Archbold he had ‘a few cans’ to drink.

He owned the car but didn’t drive it to the cottage. ‘It was left there a while back when it was bought.’

Kieran repeated he was told that night the other man’s crowd were going to come after him.

‘I’m sure you know who they are,’ he said to the inspector.

He said not long after he got ‘a baseball bat to the head’. He didn’t report this or go to a doctor or to the hospital.

The judge remarked he was not satisfied Shane Kieran’s evidence was credible. His explanation was implausible.

‘I’m satisfied he was driving at the time per his admission to Gda Treacy.’

The court heard the accused has no previous convictions, and Mr MacGuill said the loss of his licence will have an impact on Kieran who earns €400 perweek working with farm machinery.

An order was made as outlined, with bail set in the event of an appeal.