A Ballymore woman who worked in Mullingar and crashed her car in Loughnavalley with traces of tranquillizers and cannabis in her system whilst trying to get home in the early hours, was banned from driving for four years in the Circuit Court in Athlone this week (December 7 ).
Catherine Keenan (42 ) with an address at 12, Market Hill, Ballymore was in court to appeal her District Court conviction which stemmed from the crash on May 17, 2009.
Garda Susan Keane told Judge Anthony Kennedy how she had attended a single vehicle crash in the townland of Lalistown, between Loughnavalley and Skeagh Cross on the Ballymahon Road, at around 1.10am on the day in question.
“When I arrived at the scene I found a blue Nissan Almera overturned in the ditch on the right hand side of the road pointing towards Mullingar,” said Garda Keane. The fire service was already in attendance and Garda Keane was satisfied the sole occupant was the defendant.
“She was placed in the rear of the ambulance on a spinal board and a neck brace. Her speech was incoherent and her skin clammy. I formed the opinion she was under the influence of drink or drugs.”
When they arrived at the hospital in Mullingar, Garda Keane informed the clinical nurse manager of her suspicions and MIDOC took a sample from Keenan at 2.32am.
Garda Keane posted her sample to the Medical Bureau of Road Safety the next day and was notified on May 27 that the sample showed nil for alcohol, but that on July 20 the Bureau notified her that the sample in question showed traces of benzodiazepam and cannabis.
Defending barrister, Mr Paul Gunning, asked Garda Keane why she hadn’t mentioned in her direct evidence to the court that a member of the fire service had handed her a methadone prescription found at the crash site as she has attested in her statement. Garda Keane said she couldn’t give a reason for this omission.
“You admitted you didn’t touch the defendant yet you claimed her skin was ‘clammy’. It was ten past one in the morning. How were you able to tell?” asked Mr Gunning.
“There was adequate light in the rear of the ambulance to deal with the patient,” said Garda Keane.
Then Mr Gunning quizzed the garda on why the sample was sent for alcohol testing if: “You suspected one way and acted another?”
Garda Keane explained that in all cases the test for alcohol is mandatory, and any check for traces of illicit drugs is a secondary test as a matter of protocol.
Mr Gunning then applied to Judge Anthony Kennedy that his client’s appeal be granted on two grounds, that no evidence had been given in court that Ms Keenan had been driving, and that there had been “no reasonable suspicion” of drug driving against his client as Garda Keane had claimed in her direct evidence.
“Common sense must be applied,” argued Mr Peter D Jones for the State.
“The garda satisfied herself the defendant was the driver.”
Judge Kennedy accepted the garda made a “reasonable inference”.
“It’s self evident she was the driver, and I don’t accept your application,” he said to Mr Gunning.
Ms Keenan told the court she had worked 5pm to midnight that day delivering pizzas around Mullingar, that she knew the road well having driven it for 10 years, but had crashed trying to avoid a hare which ran across in front of her.
“That she had driven under the influence is uncontested. The four year ban is sufficient,” said the judge.
