Donegal Town hit and run case dismissed due to inconsistency in evidence

The case against a man charged with leaving the scene of an accident in which a woman said the motorist collided with her child has been dismissed.

Judge Patricia Cronin ruled that there was an inconsistency between the evidence given by the woman in court, and what was said in her garda statement. 

Nick Frecknall, 54, of 32 Old Golf Course Road, Donegal Town, was before Donegal District Court on Friday, January 10. He was facing charges of having been alleged to have been involved in the injury of a minor, that he failed to keep his vehicle at the scene, failed to report the incident and failed to give appropriate information. The incident was alleged to have taken place at Main Street, Donegal Town on December 10, 2022.

Frecknall denied the charges through his solicitor, saying that no collision took place. 

The court heard evidence from Sharon Graham Porter, who outlined how she and her three children were crossing Main Street to go to Elvery’s. 

“We stepped off the footpath,” said Ms Graham Porter. “A white jeep pulled up and waved for us to cross. We stepped in front of the jeep.

“A car stopped on the left too.

“As we were crossing, a car pulled out from behind the white jeep and hit into my son. The car hit him on the right knee and ankle. He put his hands on the bonnet of the car and it knocked him to the ground.”

She told the court that the driver then started shouting at them and being abusive, though she could not recollect what he said.

“I was trying to see to my son,” continued Ms Graham Porter. “He was lying on the ground. 

“The car drove off.”

She said a friend living in the vicinity took them into her house.

After a time, they proceeded to Elvery’s at which point they were joined by her husband who called gardaí.

Defence solicitor Jim Corbett put it to her that the white vehicle had not in fact stopped to simply wave her across, but had double parked in order to speak to someone on the footpath. This, he said, was supported by CCTV footage.

His client had pulled out around the vehicle because it was double parked. 

Mr Corbett then pointed out that there was no medical report.

“Surely your first reaction would be to take your son to the doctor,” he said.

Ms Graham Porter explained that she drew on her experience as a childcare practitioner of 22 years to examine her son and felt that he was in pain and there was bruising but nothing was broken. 

The solicitor then asked if she had taken any photographs.

Ms Graham Porter replied: “No.”

Mr Corbett asked if the investigating gardaí had seen the bruising. 

“No,” replied Ms Graham Porter. “I didn’t want to put him through that.”

Mr Corbett said: “I put it to you that there was no impact.

“I don’t believe there was an injury. If there was, there would be evidence before the court.”

Ms Graham Porter replied: “I know when my son has been hit by a car.”

After further questioning, the witness admitted that she had strong words with the driver, adding that this was a natural reaction in the circumstances.

Regarding the allegation of leaving the scene, Mr Corbett said that his client had in fact parked his car and returned to the scene but there was nobody there. 

The solicitor referred to Ms Graham Porter's description of the incident.

“One of the things you say is that he put his hands on the bonnet of the car. I put it to you that this is not true. You are saying that he fell to his knees on the ground. There is no evidence of that.

“I put it to you that my client didn’t report a collision because there was no collision.”

He then put it to Ms Graham Porter that her evidence was not consistent with what she said in her garda statement. 

“In your statement you say you were talking to the driver and your son went down holding his leg. You are quite specific. “Are you retracting that?”

“No,” replied Ms Graham Porter.

Garda John Calihan gave evidence of responding to a report by Keith Porter.

“The incident was shortly after five o’clock,” he said. “The call was received shortly before six o’clock.”

The garda harvested CCTV footage from a nearby business, and was able to identify the make and model of the vehicle. His colleague went to the defendant’s house, and arranged for him to make a statement to gardaí. No evidence of a collision was garnered from the vehicle.

The court heard that Frecknall said in his statement that he pulled out around the car after the driver stopped to chat for a second time. A child ran in front of him and he slammed on the brakes. He said that there was no impact but he felt at the time like he was being blamed.

Mr Corbett submitted to the court that it was impossible to see from the CCTV if there was a child on the ground.

He pointed out that there was no other witness evidence of a collision except for that of the boy’s mother, and there was an inconsistency in her evidence.

Judge Patricia Cronin ruled: “The mother gave direct evidence that a car pulled out behind the white jeep and that car struck her son. He put his hands on the bonnet and was knocked to the ground.

“When her statement was made to gardaí, she said that her son went to the ground not at the time she alleges the car hit him. She accepted that when it was put to her. 

“I appreciate fully that any mother at the scene of any incident is shaken. Whether the incident occurs or almost occurs, you are caring for and focusing on your child.

“Garda Calihan did his best to obtain CCTV. But the court cannot see anyone on the ground at any stage.”

Citing case law, the judge said: “In a case where there are two versions of an event and both versions are possible, the benefit of the doubt must go to the defendant.

“I must dismiss.”

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