COURT HEARS OF ‘HOR­RIFIC IN­JURIES’ AF­TER COLLISSION Mo­torist too late when he tried to pay fine

Wicklow People - - NEWS -

JUDGE David Kennedy said Wick­low Cir­cuit Court would have been a more suit­able ju­ris­dic­tion for a case in which a mo­torist driv­ing on the wrong side of the road ploughed into a car, caus­ing se­ri­ous in­juries to four peo­ple.

Wayde O’Brien of 12 Park Na Sil­logue, En­niskerry, ap­peared be­fore Bray District Court fac­ing a num­ber of of­fences in­clud­ing driv­ing, drugs and pos­ses­sion of an of­fen­sive weapon charges.

Be­fore hand­ing down sen­tence last Thurs­day, Judge Kennedy ad­dressed the court and said he had tried to refuse ju­ris­dic­tion be­cause of the se­ri­ous­ness of the in­ci­dent but that choice hadn’t been open to him.

Judge Kennedy felt that Wick­low Cir­cuit Court would have been the more ap­pro­pri­ate ju­ris­dic­tion ‘con­sid­er­ing the hor­rific in­juries suf­fered as a con­se­quence.’

On Au­gust 13, 2016, a Skoda be­ing driven by Wayde O’Brien was trav­el­ling at speed on the wrong side of the road when it col­lided head-on with an­other ve­hi­cle on the Monastery Road in En­niskerry.

The three pas­sen­gers in the other ve­hi­cle suf­fered mul­ti­ple in­juries, in­clud­ing frac­tured ver­te­brae, frac­tured ster­nums and var­i­ous bro­ken bones and frac­tures. Some of the vic­tims had to be cut from the wreck­age and one woman was rushed to the sur­gi­cal unit so she could be op­er­ated on straight away.

An­other pas­sen­ger ex­pe­ri­enced a po­ten­tially life-threat­en­ing per­fo­rated bowel and spent 12 days in hos­pi­tal. Some of the other pa­tients hos­pi­talised be­cause of the col­li­sion were placed in in­ten­sive care.

A pas­sen­ger trav­el­ling in the car driven by O’Brien suf­fered a bro­ken leg.

In hos­pi­tal, Wayde O’Brien re­fused to pro­vide a sam­ple to the gar­daí. Empty beer cans were found in the car he was driv­ing.

The of­fences were com­mit­ted while he was on bail.

On April 21, Wayde O’Brien was ob­served driv­ing by gar­daí but he re­versed down a lane af­ter spot­ting them and ended up crash­ing into a wall. There was a strong smell of cannabis from him at the garda sta­tion and he was searched. A small amount of cannabis was found in his pos­ses­sion for per­sonal use.

On April 20, at Bray District Court the de­fen­dant was searched, be­fore be­ing placed in a cell, be­cause there was a strong smell of cannabis on his breath. €20 worth was found in his pos­ses­sion.

On May 6, 2017, at St Patrick’s Square, Bray, Wayde O’Brien was ob­served driv­ing into a cul-de-sac at speed. Gar­daí ap­proached the car and found a yel­low Stan­ley knife in one of the ve­hi­cle’s door pock­ets.

On March 11, he was stopped on the Con­vent Road, Bray, and was later charged with dan­ger­ous driv­ing, driv­ing a dan­ger­ously de­fec­tive ve­hi­cle and hav­ing two bald tyres.

On Jan­uary 10, dur­ing a search of his home at 12 Park Na Sil­logue, white pow­der was re­cov­ered. It was sent for test­ing and was con­firmed as co­caine worth €250.

Wayde O’Brien is al­ready serv­ing a sen­tence for un­re­lated mat­ters and wasn’t due for re­lease un­til Au­gust of 2018. He has 126 prior con­vic­tions, in­clud­ing four for dan­ger­ous driv­ing and six for no in­sur­ance.

For the in­ci­dent on Au­gust 13, he was sen­tenced to six months’ im­pris­on­ment for dan­ger­ous driv­ing and dis­qual­i­fied from driv­ing for 12 years. For fail­ing to pro­vide gar­daí with a sam­ple he was fined €1,000 and banned from driv­ing for a fur­ther four years.

He re­ceived a six-month sen­tence for be­ing in pos­ses­sion of co­caine.

For the dan­ger­ous driv­ing charge from March 11 he was handed a five-month prison sen­tence and dis­qual­i­fied from driv­ing for seven years.

He re­ceived three months for the charge of pos­ses­sion of a knife. He re­ceived a fur­ther six months’ im­pris­on­ment and a seven-year driv­ing ban for driv­ing with­out in­sur­ance on April 21.

All sen­tences are to run con­cur­rently. A mo­torist is­sued with a fine for the non dis­play of a tax disc at­tempted to pay but his cheque was re­turned and he was in­formed the 56-day dead­line for pay­ment had passed.

Garda Ciara Too­lis stopped a ve­hi­cle be­ing driven by Mark Court­ney, 17 Pri­ory Av­enue, Eden Gate, Del­gany, at 11.25 a.m. on the N11 slip road, Fas­saroe, Bray, on Jan­uary 30 2017.

His tax disc had ex­pired in June of 2016.

Mr Court­ney took to the wit­ness box at Bray District Court last Thurs­day where he main­tained that he only re­ceived the fixed charge no­tice on May 26.

He tried to pay the fine by cheque on May 29 but it was re­turned to him on May 30 when he was in­formed the time to pay had ex­pired.

Mr Court­ney said he didn’t get the no­tice un­til May 26, though he had been out of the coun­try for ten days so it was pos­si­ble it had ar­rived slightly ear­lier in the month. He hadn’t any pre­vi­ous dif­fi­cul­ties with his post and had al­ways in­tended to pay the fine.

Judge David Kennedy sad he was sat­is­fied with Mr Court­ney’s tes­ti­mony and struck out the non dis­play of a disc charge.

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