Man acquitted of putting Garda’s life in danger
AN 18-year-old man has been found not guilty of endangerement, due to a ‘gap in evidence’. Serge Kelly (18) of Upper Mullaghmore was on trial at Sligo Circuit Court, where it heard he poured petrol across a road not far from where a garda parked her patrol car on April 20 th, 2017.
Kelly was charged with one count of endangerment, that he intentionally or recklessly engaged in conduct that created a substantial risk of death or serious harm to another, at Mullaghmore.
The trial heard that Kelly poured petrol across a road, in front of Garda Monique Connolly’s only exit from the area, as there were two cul de sacs behind her.
During the trial the garda gave evidence that she ‘panicked’ and drove over the petrol, after Kelly had poured it across her path.
Garda Connolly had gone to the area alone on the night in question in order to seize a car which was reported as having no insurance, NCT or tax disc.
Further evidence from Garda Connolly detailed that as she drove across the petrol, Kelly lit ‘a kind of flare’.
When later probed on this evidence by Mr Colm Smyth SC, with Mr Keith O’Grady BL and instructed by Ms Laura Spellman, solicitor, it was clarified that Garda Connolly had gone past Kelly before he lit the flare.
The garda then agreed that she was not in danger once she had gone past the petrol.
Addressing the jury of seven men and five women last Tuesday, Judge Francis Comeford outlined that he was directing them to reach a ‘not guilty’ verdict in the matter.
The Judge went on to explain that the evidence was clear, in that Garda Connolly was away from the scene before the petrol was lit by Kelly, and therefore he did not create a risk of serious harm to the garda.
Judge Comerford added that as there was no evidence put forward by the prosecution that just the pouring of petrol on the road created a risk of serious harm in itself, the jury could not find the defendant guilty.
“If you made that decision on the basis of evidence now it wouldn’t be safe, there is a gap in the evidence,” concluded the Judge, before acquitting Kelly of the charge.