Limerick man loses appeal over high-speed pursuit

A LIMERICK man who was jailed for two years after he rammed a garda patrol car before embarking on a high-speed cross-country chase has lost an appeal against his convictions for dangerous driving and endangerment.  

Daniel Kelly, aged 35, who has an address at Main Street, Caherconlish reached a speed of 130kph in 80kph zones as gardai pursued him along narrow country roads and through townlands in County Limerick.  

Kelly drove past schools and churches at excessive speeds, collided with other vehicles, and was seen driving on the wrong side of the road, as he tried to escape arrest after he had been stopped for speeding.   

The high-speed chase only ended after he crashed his van after driving in to a field.  

The 35-year-old was later convicted by a jury, at Limerick Circuit Criminal Court, of one count of damaging property, contrary to Section 2 (1) of the Criminal Damage Act, and one count of endangerment, contrary to Section 13 of the same Act.  

He was banned from driving for six years after he was also convicted, in October 2020, of three counts of dangerous driving, contrary to Section 43 (1) of the Road Traffic Act 1961.

Mr Kelly later appealed the conviction on the grounds that the trial Judge, Sean Ó Donnabháin, had “erred in law and fact” by conducting the trial in a rushed manner.  

His lawyers also claimed the judge erred in failing, in his charge to the jury, to make proper reference to the fact that the van had not been forensically examined by gardai – a point which the defence had raised during the trial.  

However, in a judgement delivered this Monday by Mr Justice John Edwards, presiding, said the Court of Appeal was dismissing the appeal.

Mr Justice Edwards, who sat with Mr Justice McCarthy and Ms Justice Isobel Kennedy, explained the case before the court was that it had been claimed the defence counsel had been “inhibited from making submissions that he wished to make by the judge’s haste in considering a directions application” in respect of the endangerment count.   

However, the appeal court ruled that the defence counsel was “one of the most experienced and senior members of the criminal defence junior bar at the time” and was “well able to assert his client’s rights notwithstanding any ostensible impatience by the trial judge in seeking to progress the trial”.  

Regarding the charge to the jury, Mr Justice Edwards stated the Court of Appeal was satisfied “there was no unfairness and no error on the part of the trial judge”.  

The offences were committed on August 8, 2016, shortly after Kelly was caught speeding on the N21 by a garda patrol car, which had been parked on a slip road near Patrickswell.   

After a short pursuit, with the garda car displaying blue flashing lights, Kelly braked and brought his vehicle, a white Volkswagen combo van, to a halt.  

But when one of the gardai exited their vehicle, which had pulled in behind Kelly’s van, the appellant suddenly reversed and rammed his van into the front of the garda car.  

Kelly then rammed the garda car a second time before driving away at speed. One of the gardai later described in court the force with which Kelly’s car hit the garda vehicle as “extreme”.  

Kelly later attempted to ram another garda patrol after he was spotted driving towards Limerick, during a pursuit which involved several garda from the regional support unit.   

He was arrested hiding in a ditch shortly after his van crashed into a field just past Donaghmore Church on the main Limerick to Kilmallock Road, the R512.