Garda on drunk driving charge

SLIGO GARDA (43) WHO CRASHED CAR INTO PLANTER IN COURT CHARGED WITH DANGEROUS DRIVING AND ALSO DRUNK DRIVING

A 43 year old off-duty garda who crashed his BMW car into a tree planter near the promenade in Rosses Point appeared before Sligo District Court charged with drunk driving and also dangerous driving.

The case was heard by Judge Brendan O’Reilly at Sligo District Court on Thursday.

Aaron Cawley (43), Rathbraughan Park, Ballytivnan, Sligo is charged with dangerous driving and drunk driving at Rosses Point on April 10 th 2022.

Mr Leo Mulrooney BL with State Solicitor Ms Elisa McHugh prosecuted the case, while Mr Keith O’Grady BL with Mr Mark Mullaney (solicitor) appeared for the defendant.

Last month, Cawley was acquitted at the District Court of causing damage to his ex-wife’s car which was parked outside her home at Old Bundoran Road, Rathbraughan.

After hearing the evidence in the driving case, Judge O’Reilly told both sides he was going to take time to consider his decision and adjourned the matter to April 25.

Sergeant Terence McMahon of Grange Garda Station told the court that he was on duty on Sunday, April 10 2022 in the garda patrol car.

At 1:10am he received a report of a road traffic accident at Rosses Point. Sgt McMahon and his colleague Gda Dolan made their way to the location at 1:30am. There was another garda patrol car and an ambulance already at the scene.

Sgt McMahon said the accident occurred on the main road going from Sligo to Rosses Point just as one exits the area known as the promenade in the village of Rosses Point.

The accident involved a 07-registration BMW car which was travelling from Rosses Point to Sligo. The vehicle had left the side of the road and on the hard shoulder there was a large tall planter which the car struck.

It was a considerable structure about three feet high and measuring 2x2m and containing a mature tree.

The impact had flattened the tree and caused considerable damage to the front passenger side of the car, the bumper, the engine and the front left wheel was heavily impacted.

Mr Mulrooney asked the garda to describe the road. He said it was a wide road, very popular with walkers and has a very good hard shoulder. It was very well lit with full lighting going along the hard shoulder. The tree planter was on the extreme edge of the hard shoulder.

The sergeant said there was a single occupant in the driver’s seat and he could see it was Aaron Cawley.

The ambulance personnel were making efforts to try and get him out of the vehicle and Mr Cawley seemed unconscious at the time.

Mr Mulrooney asked him how did he know him and the sergeant replied he did because he was a member of An Garda Síochána.

Sgt McMahon told the court he could see prescribed medication on the passenger seat.

On the passenger seat footwell, there were open cans of Bulmers cider. The ambulance crew got Mr Cawley out of the vehicle and brought him to the rear of the ambulance.

Gda Dolan went with them to Sligo University Hospital in the ambulance. Sgt McMahon said he also went to Sligo University Hospital and organised kits to get a sample and asked Dr Barry Cosgrove to attend the hospital on behalf of gardaí.

The treating doctor in A&E was Dr Chloe Doran. He told her that Mr Cawley was the driver of a vehicle that had been involved in a traffic accident and as a result it was his duty to get a sample of blood.

Dr Doran gave permission for a sample to be taken. He went to Aaron Cawley’s hospital bed and at no stage could he get a response.

He was an unconscious patient and it was not possible to give consent to a sample.

Sgt McMahon said he told Dr Doran that there was still power to take a sample. Dr Doran agreed that a sample of blood could be taken. Dr Consgrove told a blood sample at 2:52am. Sgt McMahon left the hospital with a sealed kit.

The following day he called the hospital to check the condition of Mr Cawley and was informed by staff he was only treated in a&e. On April 11 at 4pm he gave Sgt Ken Foley the sample to bring to the medical bureau in Dublin.

On April 14 he met Aaron Cawley at 2:45pm in the Garda station and asked him if he wished to make a statement and he declined.

The court was told the concentration of alcohol was 63mgs/100ml blood.

Mr O’Grady asked the garda if this was the first time he was involved in taking blood from an unconscious driver and he said it was.

Sgt McMahon said he contacted Dr Barry Cosgrove a local GP and told him the circumstances of the case that there was an unconscious driver involved in a single vehicle accident.

Mr O’Grady said it was a situation that of 10,000 samples sent to the medical bureau, only six came from unconscious drivers, that was how rare it was.

Sgt McMahon told the court that the majority of samples are posted to the bureau by registered post and when Sgt McMahon consulted with other guards it was advised to send it to the bureau by hand. When asked who advised this, he said a sergeant in the traffic corps, Sgt Rosie Doyle.

When asked by Mr O’Grady what happened between April 11 and April 19 when the bureau got the sample, the sergeant said he had given the sample to Sgt Ken Foley on the Monday afternoon and that night the first of the Palani murders happened in Sligo and things took precedence and there was a second murder the following night.

He said Sgt Foley was particularly busy with the murder investigations.

Mr O’Grady asked him if he discussed with him the clear delay and he replied that’s the explanation, the Palani murder happened on that night.

Sgt McMahon said he met Aaron Cawley on April 14 and he thought he came to the Garda station to get his car released. He said he made the normal demands for his licence and insurance.

The Sergeant explained to him that a sample of blood was taken from him and that he had been unresponsive.

The defendant was informed a sample would be sent to the medical bureau and he was also informed that under the act it can’t issue until he gave his permission and if he refused he was facing a possible fine or imprisonment or both.

The sergeant was asked by Mr O’Grady if he had a note of this permission from Mr Cawley. He said he had. He was asked if it was signed and he said he didn’t need a signed permission.

Sgt McMahon said his response was clear in his mind and he had no doubt it was explained to Mr Cawley the ramifications and penalties and he gave permission.

He said Mr Cawley said yes the cert can issue and ‘you have my permission’.

Sgt Ken Foley a Sergeant with the Crime Scene Investigations Unit stationed in the Sligo/Leitrim division also gave evidence.

He said he normally delivers exhibits to Forensics Science Ireland in Dublin once a week and sometimes he is asked to do other tasks if the need be.

He said he got a call from Sgt McMahon to deliver a sample to the Roads Medical Bureau. He met with him and he gave him a blood sample kit which he kept in his safe custody.

On April 19 he delivered the exhibit to the medical bureau in Dublin and a receipt was issued.

When Mr Mulrooney asked him why there was a delay, the sergeant replied that not long after at 8:30pm on the Monday he received a call about the murder of Aidan Moffatt and he attended the scene as he is a sergeant with the crime scene unit and was one of the earlier responders who attended the scene.

The next day he was back at the scene as the liaison person. That night a call came in on the other murder of Michael Snee.

Due to the investigations that were ongoing and at that stage it was the Easter Bank Holiday, he said it was April 19 when he was able to bring the exhibit to the medical bureau.

He said it was an extremely busy time for everyone involved.

Judge O’Reilly enquired if Sgt McMahon was directly involved in the murder investigations. Sft Foley said he could not say.

Sgt McMahon was called back to the witness box and was asked by the judge if he was involved and he replied that he wasn’t.

After lunch, Mr O’Grady told the judge he was applying for a direction. He said that of 10,000 samples sent to the bureau, only six are from unconscious drivers. He said it was difficult, strange territory.

He said regarding the dangerous driving charge there was no evidence of dangerous driving. It was a single vehicle collision with a flower pot.

He said dangerous driving was most serious. He said there was no evidence of speed, crossing white lines and there was no evidence of endangerment to traffic or other pedestrians. He said the blood reading was low and there was no hallmarks of dangerous driving.

He said the ‘elephant in the room’ was what happened between April 11 and April 19 and there was no fairer man than Sgt McMahon and that when asked was he involved in the murder investigation, he said no.

The barrister said that was absolutely essential. He said there was a nine day delay.

He said that unlike all samples taken and sent to the bureau by registered post, the sample was taken and brought to Dublin by car. He said that if the sample deserved the recognition to be delivered by hand and there was no basis for the delay as Sgt McMahon fairly outlined he said he wasn’t involved in the murder investigation and other colleagues could have brought the sample to Dublin.

Mr Mulrooney said that in respect of the charge of dangerous driving, the driver had driven into a large potted plant and there was damage done to the plant and his car.

Competent users of the road should avoid this and the fact he crashed into it and caused so much damage to his own vehicle was evidence he wasn’t looking where he was going and was not paying proper attention. He said his driving created a risk to the public.

He went on to say regarding the point that the sample was conveyed to the medical bureau, the law fairly stated ‘as soon as practicable’ which is not the same as ‘as soon as possible’.

He said it was envisaged best practise in a case like this to have the sample conveyed by hand and it was envisaged this would happen the following day but the court heard the matters occupying Sgt Foley at that time.

He said that it was argued that Sgt Foley should have made the time either to convey it himself or convey it to another garda but he said the court had to determine what are practicable circumstances, the scenes of crime examiner was tasked with investigating two murders and an attempted murder in close proximity and that had to be taken into account.

Mr Mulrooney said that some time did pass but that was no prejudice to the accused.