North Longford man cleared of drink driving due to lack of evidence

Defence Barrister, Niall Flynn, argued in court that Garda evidence did not prove that Mark Burns, with an address at Fernmount, Longford Road, Granard, was driving a vehicle, which crashed in Granard on August 29, 2021.

Garda Justin Browne, giving his evidence, told the court that, on the night in question, at 9.15pm, he received reports of a road traffic collision on the Longford Road in Granard.

Upon arrival at the scene five minutes later, Gda Browne observed a vehicle perpendicular to the road, facing the wall. There was no door on the driver's side of the vehicle.

“A gentleman was lying on the road with his feet towards the vehicle,” said Gda Browne, who also observed “a large number of people” around the injured man.

There was damage to the wall, which was “completely demolished” and significant damage to the vehicle. An ambulance was already en-route for Mr Burns.

“Because people were looking after him, I didn’t go too close, but I was close enough to see he was extremely intoxicated,” said Gda Browne, adding that, had Mr Burns not been in the condition he was in, he would have been arrested.

In his cross-examination, Mr Niall Flynn argued there was not sufficient evidence that his client had been driving the car at all.

“Is it possible somebody else may have been driving?” he asked.

“From the scene, I would say he was the driver,” said Gda Browne.

“For all we know, he could have been a pedestrian on the footpath,” said Mr Flynn.

In defence of his client, Mr Flynn noted there was “no evidence” before the court of the time of driving, of any driving taking place, or of who was driving.

“Gda Browne’s opinion is based on a suspicion,” he said, “he could not rule out the possibility that Mr Burns could have been a pedestrian.”

Judge John Brennan, upon hearing the facts, opined that the thrust of Mr Flynn's submissions appeared to “defy common sense”.

“It would appear to me that, as a matter of common sense, if there was another driver, Gardaí would be informed,” he said.

Inspector Paddy McGirl accepted that the evidence - the crashed vehicle, the missing door, the man lying with his feet just a foot away from the driver’s door of the vehicle - was circumstantial but stressed that it was “overwhelmingly circumstantial”.

“These cases should not be defeated on mere technicalities,” said Judge Brennan but, upon hearing the arguments put forward by the defence, he added, “very reluctantly, I’ll have to dismiss this matter”.

“As a matter of common sense, I’d be inclined to convict. But I can’t go on common sense,” he concluded.