Dangerousdrivingcasetoproceed

argued that Burke had made an admission in an ‘involuntary statement’ and that this was therefore inadmissible.

The case had been adjourned from March for Judge David Kennedy to consider case law. He said that he held against Mr Maloney’s application.

Mr Maloney asked for the matter to be put back so that he could consider the position of the defence. The State has given its evidence, with the defence yet to go into evidence. The case was adjourned to May 22. Garda James Reynolds previously told the court that he was on mobile patrol at 8 a.m. on the day in question, with Garda Declan McDaid observing.

He said in his rear view mirror he saw a green motorbike behind him that appeared to be undertaking cars (passing them on the left-hand side, without the first car indicating to turn right). He said he got a partial registration.

‘I was in the inside lane. After he passed us he undertook a car in front of us,’ Garda Reynolds had told the court. ‘I activated the blue lights and siren. The motorbike accelerated away from us undertaking more cars.’

Garda Reynolds said that he reached a speed of 160km/h, with the bike still going away from him.

He said that the motorbike undertook traffic in the inside lane. Cars in the lane had started to pull into that lane and there was nearly a collision.

Garda McDaid said that the motorcyclist drove in the hard shoulder and away. ‘I turned off the lights and siren as it was too dangerous to follow,’ he said.

Garda Reynolds said that he made enquiries leading him to Mr Burke and that he called to the house three days after the incident.

‘I saw the bike outside the window,’ said Garda Reynolds. ‘I asked him who was driving.’ He told Mr Burke that it was an offence not to answer the question. ‘On three occasions he replied “I don’t know”,’ said the garda.

Garda Reynolds told the court that Mr Burke rang the garda station that afternoon. ‘He said he was driving the bike, I cautioned him immediately,’ said Garda Reynolds. ‘He was scheduled to come in and rang to say he couldn’t come in. He said that if I wanted to arrest him I would have to notify his solicitor.’

Solicitor Brendan Maloney argued that Garda Reynolds invoked his power under the act, informing Mr Burke that it was an offence not to answer the question. Mr Maloney said that this was an ‘involuntary statement’. He produced case law which he said precluded the state from using as evidence any statement made in such a fashion. He said that the State had no other evidence against his client as Garda Reynolds could not identify who he saw driving, nor could he be 100 percent certain that the Kawasaki bike was the same.