Limerick motorist 'violently' swerved into ditch in front of garda superintendent
NEWLY-appointed Henry Street Superintendent Aileen Magner has been called to attend many serious road traffic collisions but on this occasion she was first on the scene.
Supt Magner gave evidence during the State’s case against Patrick McCarthy, aged 28, of Abbeycourt, Rathkeale.
He pleaded not guilty, in Kilmallock Court, to careless driving at Ballynamucky, Ballingarry on August 31, 2021.
The investigating garda, Andrew Maher, said he arrived at the collision at 10.30am where he met with Supt Magner who had witnessed the collision.
“A Hyundai Kona was on its side in a ditch. The driver was trapped, the fire brigade were there. When he was extricated from the vehicle I spoke to him in the ambulance. He couldn’t remember what had occurred. He passed a breath test. He was taken to UHL,” said Garda Maher, who later downloaded dash cam footage from Supt Magner’s car.
Mr McCarthy then met with Garda Maher on the following day where he produced all of his driving documentation and made a voluntary cautioned statement.
Bernard Cunnane, solicitor for Mr McCarthy, put it to Garda Maher that his client told the garda that he swerved to avoid a child. Garda Maher agreed.
Mr Cunnane asked if Garda Maher called to houses in the vicinity of the crash to enquire if any children lived there.
“No. I spoke to witnesses and they didn’t see a child,” said Garda Maher.
Dash cam footage from Supt Magner’s car was played in court. The former Newcastle West superintendent took the stand and said she saw the vehicle come around the corner, strike the ditch on its own side and then swerve “violently” across the road.
“There were no pedestrians, animals, objects. There were no vehicles before or after me. The car disappeared into the ditch. I ran into the field. It violently entered the ditch and I thought it had gone into the field. I was very concerned with what I was going to find.
“I ran towards the car. It was on its side in the ditch. It narrowly avoided a telegraph pole,” said Supt Magner, who contacted Detective Sergeant Mike Reidy who she was due to meet.
Det Sgt Reidy was quickly on the scene as were emergency services.
“The driver was suspended in the seat by the safety belt. I called out but he did not respond. With his height Det Sgt Reidy could see in the driver’s window. He relayed to me he was conscious. We didn’t dare move him in case the van would topple over or if he had spinal injuries. It was a very anxious time,” said Supt Magner.
She added: “Thankfully the fire brigade took him safely from the van.”
Mr Cunnane put it to Supt Magner that the vehicle came around a corner so there may have been a child on the road that she couldn’t see, who may have then gone back into a house.
“I absolutely did not see any child,” said Supt Magner.
The last person to give evidence was Mr McCarthy who thanked Supt Magner for her intervention.
“At the time I was working for Vodafone. I was going to Cork. I was not in a hurry or a rush. I was coming around on the road and saw what I thought was a child. I swerved to the right and then to the left. I made a split second decision. I don’t think I would do anything differently,” said Mr McCarthy.
Mr Cunnane asked Judge Patricia Harney to dismiss the case due to the “defence of sudden emergency” and cited case law.
The solicitor also raised the fact that gardai did not make enquiries about a child being on the road which might cause “some doubt in the court’s mind”.
Judge Harney said if she was in the defendant’s position “I might have been looking for the child”.
“That’s not the remit of the defence,” said Mr Cunnane.
Judge Harney said she had listened very carefully to the evidence. The judge said it was clear, bright day in August and visibility was perfect.
She referred to the evidence of Supt Magner when she said there was nothing else on the road and convicted Mr McCarthy of careless driving.
Inspector Gearoid Thompson, prosecuting, said the defendant has no previous convictions.
Judge Harney fined Mr McCarthy €300 with no disqualification.
“You were very fortunate Supt Magner was travelling on the road,” said Judge Harney.
Recognisance was fixed in the event of an appeal.