Mobile phone video taken by Limerick motorist ‘ran off the road’

MOBILE phone footage taken by a member of the public played a crucial role in a court case.

Mary Morrissey, aged 34, of Oak Crescent, Newcastle West pleaded not guilty to careless driving at Kilmallock Court.

The injured party said Ms Morrissey forced him off the road. He then followed her to a hardware store car-park and filmed her as he asked about her actions. Ms Morrissey said she was not on the wrong side of the road and contested the case.

Ben O’Sullivan said on February 1, 2019, he was travelling towards Ashford - a short distance from his home.

At Glenquin, Strand, he said he was approaching a narrow bridge.

“I saw a car coming towards me on my side of the road. I braked and veered left to avoid it as much as possible. I braced myself for impact. I hit the wall. The car kept going.

“I looked around to see If I could get the reg. It was covered in mud. I turned around and followed the car. I was driving for eight / nine minutes. It went into Tadgh O’Connor’s hardware. I took out my phone and got a photo,” said Mr O’Sullivan.

Inspector Liam McGraynor asked him how could he be sure it was the same car.

“It was the same colour and there was no other traffic. It was a beige Renault Megane. I kept it in my line of sight,” said Mr O’Sullivan.

Insp McGraynor asked him what his intention was when he took out his phone in the car-park.

“To get a photo of her registration. She got out and started shouting at me. I felt threatened. I wanted to get her insurance details. She wouldn’t listen. She kept shouting over me. I took some video. No gardai were available to come out to me,” said Mr O’Sullivan.

Robin Lee, solicitor for Ms Morrissey, asked if it was a cold, frosty morning.

“Yes,” said Mr O’Sullivan.

“Were the roads icy?” asked Mr Lee.

“No, it was wet,” said Mr O’Sullivan,

Mr Lee asked him how long it took him to turn and follow the car?

“Under a minute,” said Mr O’Sullivan.

“How could you be sure you caught up with the same car?” asked Mr Lee.

“There was no other traffic,” said Mr O’Sullivan.

He added that the car was in his line of sight at all times.

Mr Lee said this was not possible when a car went around a bend.

The solicitor put it to Mr O’Sullivan that Ms Morrissey found it very distressing that someone unannounced was taking photos of her car.

“I wouldn’t find it distressing,” said Mr O’Sullivan.

Insp McGraynor asked Mr O’Sullivan if it was day-time and were there other people in the area?

“Yes,” said Mr O’Sullivan.

Garda Yohan Hunt said Mr O’Sullivan made a complaint to him that he had to make evasive action to avoid a collision.

“He said he followed the car to a car-park to get a photo of the reg. He said she became very aggressive, annoyed and frustrated. He said he began filming so he couldn’t be accused of anything,” said Garda Hunt, who proceeded to call to Ms Morrissey’s home.

 “The vehicle was outside. The licence plate was covered in mud. She said she had, ‘No idea what I was on about’. She closed the door in my face,” said Garda Hunt.

Mr O’Sullivan’s mobile phone footage was then shown.

He said: “You nearly ran me off the road.”

Ms Morrissey said: “I did not. You’re such a liar. Let me get my phone. There isn’t even a  dent to his car. My car swerved on ice a tiny bit.”

Mr Lee asked Judge Marian O’Leary to strike the matter out as he said the State had fallen short of the required degree of proof to find Ms Morrissey guilty of careless driving.

“There is nothing to connect my client other than the colour and make of her car to the alleged incident in Glenquin.

“She was approached by Mr O’Sullivan. The video shows my client to be very animated. It is not telling the entire picture. It doesn’t show the lead up. She vehemently denies on the video that she created the emergency,” said Mr Lee.

Insp McGraynor said a lot of the stretch of the road is very straight so the car would have been in Mr O’Sullivan’s line of sight.

“There was no other traffic around. In the video Ms Morrissey said, ‘I served on ice’,” said Insp McGraynor.

Judge Marian O’Leary agreed with Insp McGraynor and refused Mr Lee’s application to strike it out.

Ms Morrissey took the stand and said she passed the car (Mr O’Sullivan’s vehicle).

“He started to turn around his car and came back after me,” said Ms Morrissey, who denied being on the wrong side of the road.

Insp McGraynor put it to Ms Morrissey that she said on the mobile phone video that her car swerved on ice.

He asked how she swerved?

“I’m not really sure. It was before the bridge. It was icy,” said Ms Morrissey.

Judge O’Leary said the State had proven its case and found Ms Morrissey guilty of careless driving.

She handed down a fine of €300 but the judge exercised her discretion not to disqualify Ms Morrissey from driving.

Recognisance was fixed in the event of an appeal.