Careless driving conviction for Downings man who collided with pedestrians

A Downings man who ran into a pub and drank two brandies after being involved in a collision with two pedestrians has been convicted of careless driving.

However, Aeneas McClafferty was cleared of another charge of intending to frustrate a prosecution having drank two brandies in the Harbour Bar following the incident on February 27, 2022.

The 71-year-old, with an address at Ballure, Downings, appeared before Judge Éiteáin Cunningham at Letterkenny District Court.

McClafferty was charged with careless driving and with taking action with intention to frustrate a prosecution at Cnoc na Murleog, Downings, on February 27, 2022.

McClafferty told how he left his house around 8.45pm and watched the end of a Donegal v Tyrone match on television in a hotel before getting dinner in the lounge. He recalled how he played pool until around 11.20pm or 11.30pm when he left to go to the Goose & Gander bar.

There, he said he got himself a 7-Up and met with different groups of people before returning to the hotel car park to collect his car.

McClafferty told how he knew the road in question very well and “local knowledge” meant that he drove in the middle of the road as people tend to walk on both sides.

An allegation that he was driving with his headlights off was rebuffed by the accused.

“It wouldn't be possible to drive on that road with the lights off,” he said. “My lights were on.”

McClafferty recalled colliding with the pedestrians and how he “froze” and ran into the Harbour Bar to tell people to call the emergency services.

“The worst moment of my life,” he said.

He told Judge Cunningham that he refuted the claim that he took a drink of brandy to frustrate a prosecution. “I absolutely did not,” he said. “It was the last thing on my mind. I was in such a state.”

Under questioning from Inspector Tony Byrne, McClafferty estimated that he drove on that road “a few thousand times” and has been driving for 35-40 years.

He said people often walk on both sides of the road and more often than not do not wear high-vis clothing.

Inspector Byrne put it to the defendant that he should have been able to see the pedestrians if he were driving at the appropriate speed to the conditions.

McClafferty said the people came from behind a white Mercedes car and it was “not possible” to have seen them. He said his own car was alongside the Merc before the collision occurred.

He told the Inspector, who suggested that he was not paying due care and attention, that it was “impossible” to see the two people who were in dark clothing.

He said he got out and ran for help immediately.

“The shock hit me,” he said. “I realised the magnitude of it.”

McClafferty confirmed that he bought one brandy and another barman gave him a second brandy. He told the court that he had, some hours previously, a glass of wine with his dinner.

Inspector Byrne enquired why he had not simply ordered a cup of tea.

He said he remembered his own young days when a bottle of brandy was kept in the house as a type of medicine for “shock and awe”.

Inspector Byrne suggested that McClafferty knew the Gardai would be called so he sought a drink.

“That was the last thing on my mind,” he said.

Mr Robert Ryan, solicitor for McClafferty, said his client knows the area well and his evidence was pretty clear that he was driving with caution when the unfortunate accident occurred.

“We say that the burden of proof, which is beyond reasonable doubt, hasn't been reached in this case and the position is that Mr McClafferty wasn't driving carelessly,” he said.

“Regarding the frustration charge, there is no other evidence other than he took a drink and it wasn't to frustrate a drink-driving charge. The drink was taken out of pure shock after being involved in an accident, not to frustrate a drink-driving charge.”

In a submission, Inspector Byrne said the accused actually asked for a drink at the outset when he could have ordered something else.

Judge Cunningham said that, having carefully listened to the evidence and considered the submissions, she found the facts proven on the careless driving charge. She said she could not be satisfied beyond a reasonable doubt in relation to the frustration charge and dismissed that charge.

Mr Ryan said McClafferty is a former schoolteacher who had never been involved in a collision before. His client, the solicitor added, has been “a law-abiding citizen all his life” and has been suffering from a form of cancer.

He said McClafferty would require his licence to travel to medical appointments and to collect medication.

Judge Cunningham convicted McClafferty of careless driving and fined him 300, allowing five months to play. McClafferty was not disqualified from driving.

Recognisance, in the event of an appeal, was fixed at McClafferty's own bond of 300, nil cash.