Motorist accused of swerving at young child in Limerick town acquitted by judge

A YOUNG man who was accused of deliberately ‘swerving’ at a young child while driving at speed on a busy street was acquitted of road traffic offences.

Danny Harty, aged 21, of Geitne Close, Askeaton was prosecuted in relation to an incident at The Quay, Askeaton on May 15, 2019.

During a contested hearing at Newcastle West Court, Judge Patrick Durcan was told the incident happened at around 5.30pm and that there was a background involving several members of the same extended family.

Christina Kett, a first cousin of the defendant, said she was sitting outside another relative’s house when she saw Mr Harty driving up and down in a Volkswagen Golf.

She said he was driving at speed and that she believed he and his passenger were attempting to taunt another individual.

In her evidence Ms Kett said there were children playing on the street and that the defendant, known as Baby Danny, swerved and “nearly took the child off the path with speed”.

Garda Philip Noone said when he attended the scene another man was arrested after he was observed running with a slash hook.

He said a complaint was subsequently received in relation to Mr Harty’s driving.

When questioned by gardai, Baby Danny strenously denied the allegation dismissing it as “a “load of s***”.

While he admitted driving the VW Golf on the night Mr Harty told gardai he “wouldn’t have the badness in me to swerve at a child”.

Seeking to have the charges dismissed, solicitor Tom Kiely submitted the evidence of Ms Kett had to be treated with “extreme caution” and he asked the court to note there was no other evidence to corroborate what she said.

Judge Durcan said it was clear the situation was “volatile” on the night and he commented that he had been given a “certain insight” into what happened.

Having considered Ms Kett’s evidence and noting Mr Harty’s strong denials during interview, he stated: “On balance, there has to be a doubt”.

Having reached that conclusion, he proceeded to dismiss the charge.