Female Limerick motorist on hit and run charge was ‘utterly intimidated’ by bearded man

A FEMALE motorist charged with four counts of hit and run and careless driving said she felt intimidated.

Mary Morrissey, aged 34, of Oak Crescent, Newcastle West pleaded not guilty to failing to remain at the scene, failing to report an occurrence, failing to give appropriate information, failing to stop and careless driving.

Garda William McElligott said on November 30, 2018, he received a call about a possible traffic collision between a car and a person at Cedarville, Abbeyfeale.

“I called to the alleged injured party’s address. He said at 6.30pm he was dropping his daughter to karate lessons. He said when he was driving out of the estate a car pulled out in front of him. He had to take evasive action. As a result his daughter hit her head.

“He got out of his car. He attempted to stop the offending vehicle. He stood at the entrance of the estate and attempted to stop the offending vehicle.

“He saw the reg number. He said the driver wouldn’t stop. He said she drove in an aggressive manner towards him and the front bumper hit his right knee,” said Garda McElligott, who ascertained that the owner of the vehicle was Ms Morrissey.

When he called to her home the garda said she admitted being involved in the incident but denied that her car struck him

“I invited her to make a statement. She declined. She was very uncooperative,” said Garda McElligott.

Robin Lee, solicitor for Ms Morrissey, said his client is entitled not to make a statement.

“She was very awkward and strange,” said Garda McElligott.

Through a Polish interpreter, the alleged injured party said after the car pulled out in front of him he decided to tell the other driver what she did.

“She declined to stop the car. She tried to escape. There is only one exit. I waited for her at the entrance to the estate. In the meantime I spoke to my two neighbours. As expected she appeared before me. I was in the middle of the road. She failed to stop, hitting my leg,” said the Polish man.

Mr Lee said that Ms Morrissey will say he was accompanied by between 10 to 12 people and she felt intimidated as a lone woman in the car.

The Polish man said there was just his two neighbours and, “I can’t take responsibility for how she feels.”

The Polish man has a very long, thick beard. Mr Lee asked him if he had the beard at the time?

“Yes but it was a lot shorter,” he replied.

Mr Lee asked the Polish man how did Ms Morrissey know that she hit him?

“I lost balance and fell on her bonnet,” said the Polish man.

Mr Lee said his client will say that she thought this was to stop her driving forward.

Ms Morrissey took the stand. She said there was 10 to 12 people along the road.

“None of them were speaking. It was very intimidating. I asked one woman what the problem was. He (the Polish man) was on the phone. Nobody explained what happened.

“The entrance to the estate was blocked. I wanted to get away. He was letting other cars go. I followed one of them,” said Ms Morrissey.

Insp Liam McGraynor asked if anybody was shouting or roaring.

“No. He was on his phone. I was on my own,” said Ms Morrissey.

Insp McGraynor said this wouldn’t put a reasonable person in terror.

“He approached my car. He did come across. It wasn’t going to be a nice conversation. He tried to pull open the door. It automatically locked,” said Ms Morrissey.

 Mr Lee applied for the hit and run and careless driving charges to be struck out.

“There is no evidence to say that my client knew that she struck him. There is no medical evidence.

“She felt utterly intimidated. She was leaving the estate after visiting a friend. She left the scene as she was frightened. The State has not met the critical degree of proof beyond reasonable doubt,” said Mr Lee.

Insp McGraynor said Ms Morrissey was driving in the middle of the road which is careless in itself.

“She failed to stop, failed to report, failed to remain at the scene and failed to exchange details. He (the Polish man) was with his friends and daughter. It was daylight. His intention was to speak to the driver to tell her to look in her mirrors. There was no aggression on his behalf. She was careless. There is no doubt,” said Insp McGraynor.

Judge Marian O’Leary said on the basis of all the evidence the State didn’t reach the threshold and dismissed all charges against Ms Morrissey.