Gardaí in 200kph chase of car on dual carriageway
A 24-year-old man before Sligo District Court charged with dangerous driving at Carraroe roundabout told Judge Kevin Kilrane he was not the man driving the car because he was in his cousin’s house on the same night watching boxing.
The lengthy case involving the defendant Jake Conway with an address at Tullynabracken, Cairns Hill, Sligo, who was represented by Mr Mark Mullaney (solicitor) heard evidence from two gardaí on patrol on the night in question, March 25 th 2019.
Garda Eamon McDonnell told the court he was a passenger in the unmarked garda car being driven by Garda Kevin Donegan at 12am. They were driving from Collooney to the roundabout on the N4 and came to the exit and stopped as there was a vehicle coming from the right. They saw a blue Opel Astra drive past them heading in the direction of Sligo on the N4 dual carriageway. Both gardaí told the judge they recognised the defendant as the driver. There were no other occupants in his car. As Garda Donegan increased speed to keep up with the car on the dual-carriageway, Garda McDonnell said he noticed they were travelling at 120kph. He activated the blue lights and once they did the vehicle took off, he said. Garda McDonnell contacted control informing them that they were in pursuit of a car that was failing to stop. He said they saw the car speeding away, weaving from lane to lane and the speed of the garda car had reached in excess of 200 km/h at this stage and they were still not gaining on the other car.
At Carraroe the vehicle braked and went onto the slip road, driving towards the Carraroe roundabout where it then turned right, going the wrong way around the roundabout. The car then took the exit onto the old Dublin road for Ballisodare and gardaí lost sight of it at the first bend. As gardaí continued on, they saw tyre marks at the Drumiskabole junction going left. They followed in this direction on towards the junction with the R284 and Garda McDonnell requested the assistance of another garda unit. They saw more tyre marks as they continued and on the Holywell Road saw more tyre tracks going back in the direction of where Conway lives.
They continued to his house where they located the car. They was a large dog in the house and they met the defendant’s step-father who said he wasn’t at home. Garda McDonnell said they checked the tyres on the Opel Astra and that they were very hot and there was a distinct smell from the vehicle. There was no sign of Conway. After obtaining a search warrant, the house was searched but there was no sign of the defendant, the court heard.
Inspector Barry Doyle asked Garda McDonnell what the visibility conditions were like at the Collooney roundabout and he replied it was 12am but it was well lit up, adding that the defendant had come in front of the patrol car and is was easy for them to see him. The second time at Carraroe he recognised the defendant’s mullet type hairstyle as he known him to have, Garda McDonnell said.
Mr Mark Mullaney (solicitor) defending asked Garda McDonnell if the vehicle in question was registered to Jake Conway and he replied that it wasn’t. Mr Mullaney added that there was no doubt that the speed was tremendous and going around a roundabout the wrong way was dangerous driving but he said he was concerned by the very fleeting glimpses.
Garda McDonnell got a glimpse of the driver at Collooney and Carraroe roundabout. Mr Mullaney showed the court a photograph taken of the defendant in April 2019 where he had his hair cut for his daughter’s Christening and put it to the garda that his client no longer had this distinctive haircut at the time in question. Mr Mullaney told the garda Conway said he wasn’t driving and the garda replied the glimpses were not fleeting. Mr Mullaney showed more photographs of the car, described as a distinctive blue Opel Astra which showed the top visor of the car window tinted along with one of the windows in a heavy tint. Mr Mullaney added that there was no denying the driving was dangerous but he put it to Garda McDonnell that he was mistaken about the driver’s identity.
In his evidence, Garda Kevin Donegan said that at the Collooney roundabout he saw a blue sport Astra and he was able to identify the driver as Jake Conway. On the dual carriageway, Garda Donegan, who was driving the unmarked patrol car, said they were travelling in excess of 200kph trying to keep up and on approach to Carraroe, the car in front swerved left, breaking heavily and exiting onto the old Dublin road. He told the court that at the Carraroe roundabout Jake Conway turned around to see if the gardaí were still following him. He said when they arrived at the defendant’s house, the Astra’s engine was ticking over and there was steam coming from the tyres. There was no sign of Jake Conway.
Inspector Doyle asked him if Conway was known to him and he replied he was and that he had previously stopped him driving the same vehicle shortly before the date in question.
Mr Mullaney asked Garda Donegan if he saw his client at his home and he replied that he wasn’t there as he made good his escape. Mr Mullaney replied he didn’t make good his escape because he wasn’t the driver. Mr Mullaney also informed the court that Garda McMullan, who was a backseat passenger in the unmarked garda car, in her statement didn’t identify Jake Conway as the driver, adding that it was unfortunate she was not in court.
Mr Mullaney said that taking into account the fleeting glimpses of both Garda McDonnell and Garda Donegan and it being a dark night at midnight despite there being street lights, it was a heavily tinted vehicle and he said it would be a stretch of the imagination to identify the driver.
Jake Conway, giving evidence, told Mr Mullaney he was not the driver. He said he was familiar with the car as he had previously worked on it. He said he had driven it before for a test drive and on that occasion he was stopped by Garda Donegan. When asked by Mr Mullaney where he was on the night in question, he said he was down in his cousin’s house in Tonaphubble watching boxing for the night.
Mr Mullaney asked when he became aware gardaí were looking for him and he said the following day when he returned home. He was asked if gardaí contacted him after that and he replied no. Conway told the court his cousin, Christopher Fowley, picked him up from his house between 9:30pm and 10pm on the night in question and that he could give evidence on that. Replying to his solicitor about the mullet type hairstyle, he said he did have it for 15 years but cut it for his child’s Christening. He agreed the windows of the Astra were heavily tinted and said they were the heaviest you could get. Mr Mullaney asked him if he knew the owner of the car and he replied he did, that it belonged to Patrick Clancy and that he had carried out work at a workshop at his house.
He told the judge the car was at the back of his house on the night in question and that the keys were either in a keyboard in the workshop or else in the car itself.
Under cross-examination from Inspector Doyle, Conway said he was picked up between 9:30pm and 10pm by his cousin to go watch the boxing. Inspector Doyle asked what time the fight was at and he said it started around 12am. He was also asked about the work that was carried out on the car and he said there were various work carried out, including the installation of a temperature gauge and other work. He was asked what date and time he had given the car back to Mr Clancy after the work was carried out and he said he couldn’t remember as it was more than a year ago. When then asked whether he had given the car back to Mr Clancy before the night in question, he replied he had.
Evidence was also heard from Mr Christopher Fowley, 26, a cousin of Conway’s who said he collected him that night as they were going to his house to have a few drinks and watch the boxing. He said he woke at 6am and Jake was still there but he was gone later in the morning. He told Mr Mullaney he heard about the drama that unfolded 2 or three days later. Mr Mullaney put it to him if him and Jake were in company together all night and he said they were.
Mr Basil Freeman, step-father of the defendant, also gave evidence. He said he recalled Mr Fowley coming to pick up Jake and they said they were going to watch a fight. He said that later that night he was woken by his youngest son telling him the guards were at the door. He said they have a large dog and that’s why they weren’t let in and the gardaí then got a warrant and searched the house.
Judge Kilrane then interjected and said that a question had arisen in relation to the evidence given by the defendant about the possession of the car. Judge Kilrane requested the dar (digital audio recording) to be replayed. He said it was his understanding the defendant in his evidence had said he was in possession of the car but in cross-examination it was put to the defendant and he said he wasn’t, that he had given it back days before. The court rose for a number of minutes and upon hearing the cross-examination between Inspector Doyle and the defendant, Judge Kilrane said there was a conflict in the evidence given by the defendant. He asked Mr Mullaney if he wanted to call his client on it. Mr Mullaney said that he heard the recording and Conway sounded confused. He then asked Conway to clarify if the car was in his possession and he said it was at the back of his house and that the owner was meant to pick the car up.
Inspector Doyle said it was very clear in the recording that he was asked if he had returned the car and he said he had. “I got confused,” the defendant replied.
Judge Kilrane convicted Conway on the dangerous driving charge. Conway had no previous convictions. The judge said the position in short was that gardaí saw the defendant in Collooney, adding that Mr Mullaney certainly had ‘ taken any meat off the bone’ that could be taken off as he always does and challenged both gardaí. He continued that both gardaí had emphasised it was Conway they had seen and he said even a momentary vision of a person you know is far more convincing than a vision of a person never seen before. He said gardaí had followed the car andd got anotherh glimpseli iin CCarraroe roundabout db which was not as clear.
Judge Kilrane said the defendant in his cross-examination said he had given the car back 2 or three days earlier and that he wanted clarification as he had stated it was at his house and to the best of his knowledge the keys were in the workshop. He said he couldn’t say the defendant’s step-father was part of a conspiracy as he may be telling the truth. He said he believed Conway was driving the car and had not entered the house and could have went through the fields to Mr Fowley’s house. The judge said he believed Mr Fowley may be telling part truth, adding that he believed the defendant ran from the car across the fields to Mr Fowley’s house and lay on the couch, so Mr Fowley was telling part of the truth and untruths, he added.
Mr Mullaney said his client was a 24-year-old father of a young child. He said he was instructed by his client how to deal with it and followed the instructions and asked Judge Kevin Kilrane for as much leniency as possible.
The judge said he had to comment on the way the defendant ran the case. He convicted him and fined him €400. He was disqualified from driving for two years. Recognisances were fixed in the case of an appeal.
ATTHE CARRAROE ROUNDABOUT THE CAR TURNED RIGHT , GOING THE WRONG WAY AROUND THE ROUNDABOUT. ITTHEN TOOK THE EXIT ONTO THE OLDDUBLINROAD FOR BALLISODARE.