A case involving a man in his 40s who was before Ballina District Court this week, for drink driving and dangerous driving charges, was contested for three hours before the Iarnród Éireann employee was convicted of both charges.
Deirdre Finnerty outlined to the court that while she was driving her children to Rehins school in the Corroy area of Ballina on September 5, 2005, she observed Michael Finnerty, Ballybeg, Corroy, Ballina, driving on the opposite side of the road in the oncoming direction. As she approached, Michael Finnerty’s car drove “straight out in front of me” and a collision occurred. Deirdre Finnerty said that she recognised the defendant and was aware that the entrance to his house was on her side of the road where the collision occurred.
The witness said that following the accident she pulled down her window, where the defendant was abusive towards her asking her “where was your f**king indicator”? She also said that Michael Finnerty was staggering and was waving his arms in the air. According to the witness the defendant then got back into his car and drove into his property. The witness said that she then drove to the national school and contacted the gardaí.
Garda Mark Kilbride said that while he was on mobile patrol he got a call at 9.10am about a two car traffic accident. He met with Deirdre Finnerty and then went to the defendant’s home. Michael Finnerty told the garda that he was in an accident and accompanied him to the scene. Garda Kilbride saw the defendant stumble on the way to the scene and could also smell alcohol from the defendant. The garda asked him if he had been drinking to which he said that he had wine the night before. The garda formed the opinion that the defendant was intoxicated, arrested him, and brought him to Ballina Garda Station where he gave two breath samples. Detective Garda Leo Heaney, who was the trained operator of the intoxilyser machine that day, told the court that the defendant told him that he had taken whiskey for a cold and had wine the night before. The results of the breath test was 99mg of alcohol per 100ml of breath.
Defending solicitor Adrian Burke said that Deirdre Finnerty had signalled to the defendant to let him cross over, to which she replied “not at all”. Mr Burke also claimed that his client was arrested on his property and not on the public road where the accident happened.
The defendant, who took the stand, said that he didn’t use abusive language to Deirdre Finnerty and that he just put his hands to his head. The defendant also claimed that Deirdre Finnerty drove off before he did and he assumed that she would return later to sort it out. The defendant also claimed that after the crash he was “shook up” and therefore “had a drink or two of whiskey”.
Witness for the defence, Michael Barrett, a builder who was working on an extension of the defendant’s house, said that he heard the bang of the collision; observed Deirdre Finnerty’s car move off before the defendant’s and witnessed the defendant sitting in the house having a drink after the accident but did not see the defendant go to the scene with the gardaí where he was arrested.
Judge Patrick Clyne said that he did not believe the evidence of the witness or the defendant and fully believed the evidence of prosecution witnesses before adding that he was “not remotely impressed”.
Finnerty, who has no previous convictions was convicted and fined €600 and disqualified for two years and one day for the drink driving charge. For the dangerous driving charge the defendant was convicted and fined €600 and disqualified for two years and one day concurrent.
