Longford man unsuccessful in appeal against six year driving ban

The original charges of drink driving and driving without due care and attention were connected to an incident at Derryadd, Kenagh, on Saturday, August 16, 2022

An appellant who sought to have a District Court conviction changed was unsuccessful in his application to the Circuit Court.

Adrian Kelly (66) of Elfeet, Newtwoncashel was convicted in the District Court on January 29, 2024.

The original charges of drink driving and driving without due care and attention on Saturday, August 16, 2022 at Derryadd, Kenagh, saw Mr Kelly banned from the road for six years and fined €200.

State witness Garda Denise Dockery of the Longford Divisional Road Traffic Unit gave evidence of the prosecution's case against the appellant.

Garda Dockery recalled how on Saturday August 16, 2022 at 7:25pm she received a call regarding a single vehicle collision at Derryadd, Kenagh.

When the officer arrived at the minor road she observed a tractor in a ditch on its side.

There was a flashing beacon and a male was lying on the ground in front of the tractor received medical assistance from passer by, Ruth Casey.

Garda Dockery said the man gave his name as Adrian Kelly, and he had cuts to his head, was bleeding and “moaning and groaning”.

The officer told the court there was a strong smell of alcohol and the defendant's eyes were glazed over.

Mr Kelly admitted driving the tractor.

When the ambulance crew arrived he was assessed at the scene.

Garda Dockery said she formed the opinion the appellant was intoxicated and noted there were four bottles of unopened Guinness in the cab of the crashed tractor.

When Mr Kelly was in Tullamore Hospital the officer called the 24 hour GP out-of-hours service, they arrived at 10:43pm and took a blood sample from the appellant.

That sample returned a reading of 220mg/100ml. The current drink-driving limit is 50mg.

Under cross examination counsel for the defendant, Niall Flynn BL, asked the officer: “Is it normal to issue a caution before asking a defendant to implicate themselves in the commission of an offence?”

Garda Dockery said not issuing a caution was “not a bar” to speaking to the person at the scene of an accident, adding: “His safety is of paramount importance. If the situation is appropriate you would issue a caution, but every case is different.”

The officer said there was prima facie evidence that Mr Kelly had been drinking and he was the driver of the tractor.

Mr Flynn asked why Gardaí had called the out of hours doctor to take a sample when they knew his client was drinking.

The witness replied: “If the evidence is available to us, why would we not get the evidence.”

Witness Ruth Casey, a nurse who treated the appellant at the roadside, describes the scene she encountered on Saturday August 16, 2022.

Ms Casey was waved down by a man on a narrow bog road on the hot day.

The man told her there was a tractor in the ditch.

Ms Casey rang an ambulance and helped pull the man from the tractor, before putting him in the recovery position.

The witness said the appellant had sustained minor cuts and abrasions to head.

He was conscious, but moaning. There was a strong smell of alcohol and Mr Kelly had vomited and been “doubly incontinent”.

Ms Casey said the appellant had “tried to get up” and “wanted to get home”.

He told her he was in O'Boyle's Pub in Kenagh all day.

The witness remained with Mr Kelly until the ambulance arrived.

In his submission to the judge counsel, Mr Flynn, said not issuing a caution before the admission of driving by his client was “against Mr Kelly's interest”.

He also said the seeking of a blood test in hospital “was unnecessary”.

In concluding matters Judge Connolly thanked Ms Casey for her evidence saying “no good deed goes unpunished”.

Having reviewed the submissions by the defence the judge said the admission of driving by the appellant was “not determinative”.

“It would be an absurdity for this court to find anything other than Mr Kelly was driving the tractor,” Judge Connolly said.

“Garda Dockery gave an excellent explanation why a caution was not issued. The Garda was, quite rightly, more concerned for the wellbeing and life of Mr Kelly and this is appropriate in her duty,” the judge stated.

The judge said he was satisfied there was a case to be answered.

The judge affirmed the District court order. Noting Mr Kelly's “long list” of previous convictions, thought of “some antiquity”, Judge Connolly said: “I have no idea why he did not get a custodial sentence, that is an appalling record.”