AN 80-year-old motorist from Schull was fined €50 for failing to remain at the scene of a road traffic collision.
Insp Debra Marsh called Diana McGeachin as a witness for the prosecution at a contested hearing of the case at Bantry District Court.
The witness said she had the right of way at the R592 junction at Ardmanagh but the accused, John O’Sullivan of Gubbeen, Schull, put his foot down, and came across the junction, and collided with her car on May 3rd 2023.
She said she got out of her car to take a screenshot of his registration. The witness said she also spoke to the man saying: ‘You went right into me.’
He allegedly told her: ‘I am only an old man’ before getting back into his car and driving off.
Margaret Collins, solicitor for the accused, initially sought a direction claiming that her client had indeed stopped – three or four car lengths from the incident – at a safer spot at the side of the road and exchanged words with the other driver, but Judge Philip O’Leary ruled that her client had a case to answer.
Under the terms of the law, Ms Collins argued that her client was obliged to stop and remain at the scene for a period which is deemed ‘reasonable.’
She claimed he looked at the other car and was confident that she had his details so he drove home to Gubbeen.
‘This was a minor accident and there were no injuries,’ she added. ‘It was like he hadn’t seen me at all,’ said the witness when describing the collision.
The witness informed the court she was initially quoted €6,000 for the damage caused, but subsequently got a better deal at €4,000, which was covered by the accused man’s insurance.
Sgt Alan McCarthy gave evidence that he located the driver by checking the registration number photographed by the witness.
‘I cautioned him and he accepted that he was driving,’ said the sergeant. ‘He said he had a whiskey on his return home because of the shock of the accident.’
In a cautioned memo, the accused said he felt it was safe to cross the junction. And he insisted that he did stop in a safe place and walked back to the junction.
In evidence in his own defence, John O’Sullivan said he had gone to town that morning to buy groceries for himself and his wife.
‘My car was at the scene, but I’d moved it on a bit for safety,’ he said. ‘I turned the engine off, got out, and walked towards the other car.
‘Because there was no major damage, or no one injured, I drove home,’ he stated in evidence. Judge Philip O’Leary said he was satisfied that the accused failed to keep the car at the scene of an incident but in view of the fact that he has no previous convictions, he imposed a nominal fine of €50.
