A man was cleared of drink driving last week after video footage sent to a garda's phone on WhatsApp went missing
A man charged with drink driving has been cleared after video footage allegedly showing him driving went missing, a court heard last week.
Philip Casserly, Mosstown, Kenagh, Co Longford was charged with being intoxicated behind the wheel of a car on September 2 2018 at Prospect Woods, Longford contrary to Section 4 of the Road Traffic Act 2010.
When the case was called before Judge Seamus Hughes last Tuesday, it was revealed the matter had previously been adjourned to allow Mr Casserly’s solicitor Brid Mimnagh to obtain all relevant documentation concerning the case and for CCTV to be provided.
However, Sgt Paddy McGirl, prosecuting said the State would be unable to proceed with any likely prosecution due to a mix-up over the footage contained on CCTV.
“CCTV footage was sent to the (prosecuting) Garda from a premises on WhatsApp and it was downloaded to the phone but the phone is gone,” he said.
Sgt McGirl said the camera footage taken from a privately operated device was essential to the State’s case as Mr Casserly was not witnessed by gardaí being at the wheel.
“It’s crucial as to the time of driving,” he said, adding the driving allegedly fell within the required timeframe of Section 4 of the Act for a prosecution to proceed.
In all such circumstances, Judge Hughes said the court would be striking out the case against Mr Casserly, thereby clearing him of the charge.
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