Case dismissed against man for not giving information

Judge Sandra Murphy dismissed the case against a Sligo man in Manorhamilton District Court last week when she said “I cannot say it is beyond a reasonable doubt.”

Cian Scanlon, Cartron Hugh, Ballintogher, Sligo was charged with failure to give information of the identity of who was using the vehicle involved in a road traffic accident at Manorhamilton Garda Station on December 23, 2020.

Detective Garda Caroline Carthy told the court on December 19, 2020 at 10.20am at Pulboy, Manorhamilton on the N16, gardai came across the scene of a road traffic collision.

A black BMW was found at the scene in a drain. A witness told gardai he had travelled the road at 9.30am and the car had not been in the drain.

A prepaid Mastercard and a car key “with other keys attached” were found inside the vehicle.

Det Carthy initially said the key was in the ignition, but then clarified that her colleague Garda Kenny had found the keys in the car and gave them to her. Judge Sandra Murphy after inspecting the keys said it was a car fob used for keyless entry.

Detective Carthy said she attended at 30 Rock Valley, Dromahair on December 20, 2020 and spoke with Mr Cian Scanlon.

He told her he sold the car to a Polish man. She told him about the items found in the car and inserted one of the keys into the front door - it fit. Det Carty said the defendant told her he would pay the farmer for the damage to his fence.

She said she has since spoken to the farmer and no offer of compensation was made.

On December 23, 2020 Mr Scanlon attended Manorhamilton Garda Station and a cautioned interview was taken.

In the interview, Mr Scanlon replied “no comment” to most of the questions.

Detective Carthy said enquiries to find out the registered owner of the car in Northern Ireland were not successful. The vehicle was detained and Inspector Michael Collins informed the court the car was destroyed by the state.

Solicitor John Anderson asked Det Carthy why she assumed Mr Scanlon owned the car and the garda said it was “confidential information.”

Mr Anderson said there was “nothing to link the car to Mr Scanlon.”

He noted Mr Scanlon’s address and asked why the Garda visited 30 Rock Valley, Dromahair, she said Mr Scanlon’s partner lived there.

Mr Anderson said his client gave “all the information in his power to give.”

He asked if Mr Scanlon looked injured at the door, Gda Carthy said no.

Inspector Collins said the information Mr Scanlon gave was not satisfactory and he would not provide any contact details or phone number for the person he sold the car to.

Judge Sandra Murphy said the key was a fob for “keyless entry” and so could have been lying anywhere in the car, but was not in the ignition.

The judge said a “doubt arises” and she could not say convict without a reasonable doubt. Judge Murphy dismissed the case.