Judge says case involving crash with garda cannot proceed with witnesses absent

A district court judge ruled that a case in which a woman was charged with careless driving following a collision with a garda could not proceed in the absence of five prosecution witnesses.

However, she adjourned the matter to allow an opportunity for the witnesses to appear by video link. 

Chloe Wasson, 24, of Glebe, Letterkenny was before a special sitting of Donegal District Court on January 10. She faces a charge of careless driving at Tullygallan, Donegal Town, on June 16, 2023. 

The court heard that although five prosecution witnesses were not present, the prosecution wished to proceed with the hearing using garda and dashcam evidence.

Of the five absent witnesses, one lives in New Zealand, one in Australia and two in Scotland. The fifth absent witness lives in Tipperary which was under a status orange weather warning. Furthermore, the court heard, she had tested positive for Covid-19.

Barrister Peter Nolan acting for McIntyre O’Brien Solicitors made a submission that the case be dismissed.

He said that a garda collided with Wasson, and he believed the evidence of the absent lay witnesses supported the defendant. 

Mr Nolan added that the state had been aware since before Christmas of the non-availability of the four witnesses who live outside the jurisdiction, yet the defence was only notified on January 8. 

“This is a case that should never have been prosecuted,” he said. “This is a young girl starting out in life. She was injured in the accident. It is a situation that should be  simply left to civil remedy.

“Five of the witnesses are not in court. Their evidence will agree with my client’s version of evidence. The state wants to go ahead without their evidence.”

Inspector Anthony Coyle reiterated that it was the state’s position to proceed with the case. 

“We can put it back to a court with video link or we can read the evidence into court,” he said. 

Judge Patricia Cronin pointed out that less than 48 hours notice had been given to the defence, despite the prosecution being aware of the situation with non-availability of four witnesses since before Christmas.

“This first came before the court on February 7, 2024,” she said. “It was adjourned to July 3, 2024, and then adjourned for mention into September 4 to fix a hearing date.

“It was adjourned to today for a half-day hearing with 15 witnesses. We are told today that five in total are unavailable. 

“The state is seeking to go ahead with the hearing without the witnesses. I clearly can’t proceed with the witness non-availability.”

Judge Cronin adjourned the matter to January 27 to fix a fresh hearing date in Sligo District Court  where video link facilities are available. 

Mr Nolan submitted that in the circumstances, he was applying for costs and witnesses’ expenses. 

“We are all here,” he said. “We have prepared for the case. Counsel was instructed. 

“Because of the inadequate notice and the fact of the pressing ahead,  we are entitled to our costs and witnesses’ expenses, given that so many people have been discommoded by this matter. 

“My client is a student. She has this burden on her, and has vetting difficulties now as well.”

Judge Cronin adjourned the barrister’s costs and expenses application to January 27, adding that it could subsequently be adjourned to the hearing date when she would deal with it in full. 

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