A 25-year-old manager of Mocha Beans, Ballina, contested a dangerous driving charge, following a road traffic accident, at Ballina District Court on Tuesday.
Garda Rebecca Fearon outlined that on Friday May 29 2009 at 8pm she responded to a report of a road traffic accident in the Rathbane area of Crossmolina. At the scene a red Honda Civic and a black 2008 Volkswagen had crashed.
The driver of the Volkswagen was Jarlath Mangan, Pearse Street, Ballina, whose brother was also a passenger. Garda Fearon noticed that damage was evident on the front side of the vehicle’s bumper.
The Honda, which was damaged all along the side driver’s door, was driven by Damien Syron. The garda noticed that the car seat was reclined and that the indicator was clicked up fully. Mr Syron sustained cuts to his forehead and shoulder and all the men, who were shook up, were brought to Mayo General Hospital.
Mr Syron said that he indicated 200 metres before he made a right turn and before he completed this manoeuvre he changed to a lower gear, checked his rear view mirror, but not his wing mirrors, and as he attempted to make the turn he was struck by Mangan.
The defendant, Mangan, claimed that Syron had pulled into the left hard shoulder, did not indicate and therefore the defendant overtook at around 55 miles per hour — while he overtook the car veered into the Volkswagen. Mangan tried to steer his vehicle from crashing with the car, however a collision occurred.
The brother of Mangan told the court that when they were driving behind Mr Syron he could not see the head of the driver in front and at one point remarked “is there anyone driving that car at all?”
After the accident Mangan went over to Mr Syron, who he said was lying back in his seat and not making an effort to move. He said he asked him three times if he was OK and he then called the gardaí and ambulance.
Defending solicitor Michael Bohan said that because Mr Syron’s seat was reclined so far back it would have been impossible for him to see in his rear view mirror.
Mr Syron said that his seat was upright as he must drive like that due to a football injury and he only reclined his seat when he crawled out on his hands to get out of the car when the crash occurred.
Mr Bohan said that it would have made more sense to push the seat back to get out rather than recline it and said that even though Mr Syron said that he was too weak to open the car door he managed an “athletic” manoeuvre out the passenger door. An engineer in court said that it would have been difficult for Mr Syron to operate the recline lever after the crash.
Witness Paul Fox said that he saw Mr Syron drive a few minutes before the crash and he also saw the Volkwagen driving at high speed.
The defending solicitor said that his client could not have been driving at high speed as the vehicle was fitted with a governor, which limited the speed to 105km per hour.
Inspector Martin Byrne put it to Mangan that his version of events was “unbelievable”, in that Mr Syron was in the left shoulder and then moved across, and put it to the defendant that he was not “driving with due care and attention” on the day and the evidence was consistent with damage to the vehicles .
Judge Mary Devins adjourned the case to March 9 for a decision.
