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Evidence against driver 'fundamentally flawed', defence tells jury

Summary

In a Dublin Circuit Criminal Court case, Paul Nugent, 58, pleaded not guilty to dangerous driving causing serious bodily harm after his car struck 80‑year‑old Thomas Clinton on Harbour Road, Howth, on 8 January 2018. Clinton suffered life‑threatening injuries and was in intensive care for weeks. Nugent's defence, led by Martin Dully BL, argued that the prosecution's evidence was fundamentally flawed, citing a 2.88‑second observation window that the state claimed was sufficient for a reaction. Dully contended the actual visible time was only 2.3 seconds, giving a reaction time of 2.08 seconds, which he said was within acceptable norms. He also highlighted that Nugent was not speeding, had no prior convictions, and had checked his phone before the collision. The prosecution, represented by Derek Cooney BL, maintained that Nugent failed to react in time, noting the presence of a telegraph pole and the defendant's conflicting statements to Gardaí.

Who, what, where, when and why

What: Report matter: Evidence against driver 'fundamentally flawed', defence tells jury. Charges or matters: dangerous driving causing serious bodily harm to Mr Clinton. Procedural stage: trial

When:

• January 8, 2018 Other
• 2020-10-01 Publication

Case subjects

Places mentioned

Topics

Road Traffic Stage Trial

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Read the original CNI report