Careless driving case dismissed as witness not present

A CARELESS driving case was dismissed as the witness was not available to give evidence.

Eamonn Molloy (48), 49 Rory O’Connor Place, Arklow, faced a charge of careless driving at Sea Road, Arklow, on November 2, 2017.

Solicitor Padraig Hyland told Arklow District Court last Wednesday that he had made an application at the previous court date for the case to be dismissed as the witness was not present to give evidence. He wished to renew his application as the witness was again not available to give evidence.

The inspector said that the case related to an allegation of careless driving. A pedestrian had made a report but indicated at the time that they did not want to become involved in a garda investigation. When CCTV was reviewed, it was decided to go forward with the case. The witness had attended a court date in December, but had been unavailable since.

The inspector told Judge David Kennedy that he felt the case could proceed in the witness’s absence using their statement and the CCTV evidence. He did not feel it was appropriate to force the witness to attend court.

Mr Hyland said he had understood that the case had been adjourned by Judge Cheatle in January to allow the prosecution to arrange for the witness to attend. He said this was a material witness as the case relates to an alleged impact with a member of the public. He argued that the State should use all endeavours to have the witness present. The defence should have the opportunity to cross-examine the witness as it could be that the witness may have contributed to the incident in some way.

Judge Kennedy asked if the witness could not or did not want to attend court. The inspector explained the witness had a new job and did not want to take time off work. He understood that the civil matter had been resolved.

Judge Kennedy dismissed the charge as he said the witness had made a statement but was not willing to be cross-examined.