‘Benefit of the doubt’ given to drink driving accused at Limerick court
HONESTY proved the best policy for a man who was cleared of drink driving after he admitted to gardai he had drank seven / eight pints and was en route to buy cocaine.
Stuart Bowring, aged 33, of Loughill West, Loughill, pleaded not guilty at Newcastle West Court to a drink driving charge. He said he was not the driver of a vehicle that crashed and that he didn’t know the name of the driver.
Garda John Moriarty said he received a call regarding an RTC in Foynes at 3.45am on July 22, 2018.
When he arrived at Knocknaboula, Foynes he met with Inspector Gearoid Thompson who was off-duty but had come upon the scene.
“Insp Thompson said he had seen the defendant fleeing from the vehicle, an Audi A4. I spoke to Mr Bowring. He was unsteady on his feet and was slurring his speech. I arrested him for drink driving and conveyed him to the garda station,” said Garda Moriarty. A urine sample showed 117mgs of alcohol per 100mls of urine.
Garda Moriarty said the car hit the ditch, gone on its side and slid along the road. He said on the back seat was an industrial type cleaner tied in with seat belts. Garda Moriarty said Mr Bowring admitted to having drank seven / eight pints of Heineken but said he was not driving.
The garda said Mr Bowring told him he was in the back seat; his friend (who was named in court) was in the front passenger seat and a person he had never met before was the driver.
“He (Mr Bowring) said they were ‘getting a bag of coke’,” said Garda Moriarty.
Mr Bowring was defended by Emmett O’Brien BL, instructed by John Lynch, solicitor.
Mr O’Brien asked Garda Moriarty who his client said was driving. The garda said a friend of the named person who was in the front passenger seat.
The next witness was Insp Thompson who said he was returning home after finishing a shift at 3am.
“I noticed a large amount of dust in the air. I had my full headlights on. Seconds later I observed a car in the ditch. It happened less than a minute or even seconds earlier. I saw a male get out of the driver’s seat and walk in my direction. I recognised him. I live two miles away from him. He said, ‘It wasn’t me, it wasn’t me’. He went to run past me,” said Inspector Thompson, who noticed a male in the passenger side.
“His feet were trapped in the footwell. I helped to extricate him from the car. He was heavily intoxicated. He complained of pain in his chest. He immediately fell asleep,” said Insp Thompson.
The inspector said he noted two indentations in the windscreen from heads hitting it in the collision. And also saw an industrial sized floor buffer like you “would see in a hospital or shopping centre in the back seat”.
“I did not notice any other person. I am satisfied the defendant got out of the driver’s seat and ran towards me. I could see him walk around the car in my direction,” said Insp Thompson.
Mr O’Brien asked him if he could be sure when it was the middle of the night, there was no street lighting and there was dust in the air.
Insp Thompson said he had his full beam headlights on, it was a clear night and nothing was obstructing his view.
“I saw him get out of the driver’s seat,” said Insp Thompson.
Mr O’Brien said in Insp Thompson’s statement he said he saw Mr Bowring get out of the “driver’s side”.
“Driver’s side might have been an error. Nobody could have been in the backseat due to the size of the item,” said Insp Thompson.
Mr O’Brien produced a photo of an industrial cleaner which showed there was “plenty of space to sit beside in the back seat”. Insp Thompson said the cleaner he saw was bigger.
Mr O’Brien said Insp Thompson's statement was written days after the incident and now they are in court four years later.
“There was no street lighting. How can you be so sure it was the driver’s seat and not the driver’s side?” asked Mr O’Brien
Insp Thompson said he was “absolutely satisfied, the driver’s door was open. The back door was closed,” said Insp Thompson.
Mr O’Brien said his client had told a number of gardai he wasn’t driving. “People have been known to tell untruths,” said Insp Thompson. “I don’t believe there was a third person,” added the inspector.
The last witness was Mr Bowring who said earlier in the night he was working in a pub in Limerick city. After work he said he had a couple of pints before being collected and brought home. Later, his friend and the driver of the vehicle called to his house where they had two/three more drinks before heading out.
“I was sitting behind the driver. There was plenty of room,” said Mr Bowring.
Mr O’Brien put it to him that Insp Thompson saw him coming out of the driver’s seat. “No. If they had gone up the road they would have caught him. They assumed it was me,” said Mr Bowring.
Insp Wallace, for the State, asked him where they were going. “We were going to meet somebody to get some substances,” said Mr Bowring.
Insp Wallace asked why did he volunteer the information that he was not driving? “The fella driving took off running,” said Mr Bowring.
Insp Wallace put it to him that he was the driver and he exited the driver’s door. “No,” said Mr Bowring.
In summation, Mr O’Brien said if there is a doubt the case against his client must be dismissed.
“Insp Thompson said driver’s side in his statement which he made two days after the incident. Four years later he says it was the driver’s door,” said Mr O’Brien.
Insp Wallace said Insp Thompson had given clear evidence to the court that he saw the defendant get out of the driver’s door. He also pointed to the two indentations in the windscreen which he said were consistent with the injuries suffered by the defendant and the front seat passenger.
Judge Carol Anne Coolican said Insp Thompson gave very clear evidence that he saw Mr Bowring get out of the driver’s door.
The judge said if Mr Bowring was driving it is “unlikely” he would have made the statements regarding having seven/eight pints in Limerick; two / three more at home and going to get substances.
“I will give him the benefit of the doubt,” said Judge Coolican. The case was dismissed.