Garda’s fears after man ‘poured petrol on road’ near patrol car
A Garda has told a trial at Sligo Circuit Court how she became worried and afraid after a man poured petrol across the road not far from where she had parked her patrol car.
Garda Monique Connolly told the trial of Serge Kelly (18) of Upper Mullaghmore that she saw the accused light the petrol with a flare after she had driven past the accused.
The Garda, who is based in Grange, had earlier driven to Mullaghmore following a report fro a member of the public about a car and had taken a decision to seize it as it had no insurance, tax or NCT discs on its windscreen.
Garda Connolly had been working on her own when she got the call at 8.43 pm.
As a result of the incident, Kelly was charge with one count of endangerment, that he intentionally or recklessly engaged in conduct that created substantial risk of death or serious harm to another at Mullaghmore on April 20 th 2017.
The accused was represented by Mr Colm Smyth SC and Mr Keith O’Grady BL instructed by Ms Larua Spellman, solicitor while Ms Dara Foynes BL with Ms Elisa McHugh, State Solicitor, prosecuted.
The trial, before a jury of seven men and five women, got underway at Sligo Courthouse last Thursday.
Garda Connolly testified that following a call from the control room at Sligo Garda Station she made her way to Mullaghmore and saw a car parked outside a house at the top of Barney’s Hill.
There were no discs on the windscreen and made a decision to seize the car. She drove off to the bottom of the hill as she felt this would be easier for the two lorry to see her and waited.
She saw three people coming up the main road and got past the patrol car in the direction of Barney’s Hill.
The accused was one of these. A short time later he came back down the hill carrying two petrol cans.
He walked on past the patrol car towards the junction and then stopped. He opened one of the cans and proceeded to por its contetns across the mouth of the junction.
“The mouth of the junction was covered,” she said.
Garda Connolly said both roads behind her were dead ends and she “kind of panicked.”
“I wasn’t sure what was going to happen,” she said.
She put the patrol car in gear and drove off over the petrol on the road.
“And, as I did so he lit a kind of a flare,” she said. The accused also shouted at her but she could not make out what he had said.
She drove on before stopping when out of his view. She then noticed that the road was on fire.
“As I was passing over the petrol and going past him he lit a flare or something. I could see the sparks or something,” she said.
She radioed for help from Sligo and Garda Luke Gray and Garda Paul Jennings arrived shortly after.
“I was shocked. I couldn’t believe what had happened. I didn’t know what was going to happen next when I saw him pouring petrol across the road.
“There were two dead ends behind me and I was afraid,” she told Ms Foynes.
In reply to Mr Smyth, Garda Connolly agreed her evidence differed from what she had stated in her statement.
She accepted it was not true to say that as she past in the patrol car the accused lit the flare.
Asked why she stated this in her evidence, Garda Connolly replied that she was nervous.
Mr Smyth read from the Garda’s statement which said: “I stopped on the main road about ten metres from the area and I then saw Kelly light a flare.”
The witness agreed that she had not been in danger once she had gone past the petrol.
She accepted she had gone past the accused when he lit the petrol.
The Garda agreed there was no forensic evidence in the case, that the scene hadn’t been preserved and no jobs book had been opened.
She further agreed that all of the prosecution witnesses were Gardaí.
Earlier, Garda Leo Sheridan of the Divisional Crime Scene Investigation Unit, gave evidence of visiting the scene at 9am on the morning of the court to take pictures. He was only asked that morning to do this and agreed with Mr Smyth that this would not be normal.
It was the first time in his career he took pics of a scene at 9am on the morning of a case.
Mr Smyth put it to Garda Connolly that she knew that no serious offence had been committed.
“There was” - Garda.
“Why didn’t you treat it as such?” - Mr Smyth.
“He (accused) was arrested that night” - Garda.
“He was, but there was no investigation beyond the arrest and questioning” - Mr Smyth.
Garda Gray, based at Sligo Garda Station said he responded to the call for immediate assistance at 9.15pm and he arrived with Garda Paul Jennings at 9.40pm.
Garda Connolly was very agitated and very distressed. She told him that the accused had poured petrol across the road in front of her patrol car and had subsequently lit it.
Garda Gray said he could see the trace of a fire on the road.
“It was like a black line going from one side to the other,” he said.
He carried out a search of the area for the accused and called to the family home. He spoke with Kelly’s father, Liam.
Witness then saw a man coming in the distance and it was the accused who was cautioned. He made no response. He was arrested at 10.05pm on suspicion of the offence of endangerment and brought to Ballymote Garda Station.
The Garda did not have his notebook with him having left Sligo Garda Station in a hurry and wasn’t in full uniform.
He took notes on a piece of paper int he patrol car but which he had since mislaid.
“The account I have given is truthful,” he told Mr Smyth.
Garda Jennings told the court that the road was smouldering “almost like a fog.” It was the first time he had been in a high speed response and it was memorable from that point of view.
“I was a nervous passenger and was holding on,” he said. He was two months attested in the force at that stage.
He described Garda Connolly as looking “shook”. “Close to tears I’d say,” he said.
He did not feel it was safe for him to approach the smouldering piece of road.
Recalled, Garda Connolly agreed with Mr Smyth that the accused told Gardaí he poured petrol on to the grass and it spilled out on to the road.
Mr Smyth said a witness out walking their dog the next morning would say there was no fire damage to the road but there was some to the grass.
“I didn’t attend the next day,” she said.
“That’s not what happened. He poured the petrol across the road in front of me, where I was parked,” Garda Connolly told Ms Foynes.
The trial at Sligo Courthouse before Judge Francis Comerford continues today (Tuesday).