Man (29) cleared of charge after crash that smashed Wicklow shop window and injured seven people
The Wicklow PeopleA Dublin man involved in an incident that injured seven people, when a car went through a shop window on Bray’s Man Street, has had a charge of dangerous driving causing serious harm struck out.
Dermot Logan (29), of Wesley Lawn, Dundrum, Dublin 16, appeared before Wicklow Circuit Criminal Court for a Section 4E hearing.
A Section 4E hearing is when a judge reviews a case before it goes to trial to decide whether there is enough evidence for it to proceed.
The defence can apply for such a hearing if they believe the prosecution case is not strong enough to go before a jury.
Mr Logan had entered a plea of not guilty to one count of dangerous driving causing serious harm. Counsel for the prosecution, James Kelly BL, told the court that it would be alleged at trial that on February 15, 2024, the accused was engaged in work at Bray Central on Main Street, Bray. Bray Central is a retail and leisure development.
It was alleged that while driving a cherry picker towards a loading bay on Florence Road, Mr Logan became involved in a collision with a car. The impact caused the car to veer off course and crash through the front of the Euro Saver shop.
The court heard that seven people were injured.
Counsel for Mr Logan, Gemma McLoughlin Burke BL, said she would analyse four portions of the Book of Evidence and make submissions on behalf of her client.
The court heard that in a statement, the woman driving the car said she had received a green light and then observed a man driving what she described as a “forklift”.
She stated that she saw Mr Logan and that he saw her.
She believed she had “five or six inches” of space to pass before her car “spun out of control”.
Ms McLoughlin Burke submitted that this indicated the driver, now aged in her 90s , believed she had “sufficient room to proceed”.
An eyewitness statement said the car struck the cherry picker, which “could be seen beeping all the way down”.
During garda interview, Mr Logan stated that during safety training he was instructed to keep the forks low to the ground and to ensure pedestrians and drivers were aware of his presence.
The court was told that no prosecution has since been brought against the pensioner
Ms McLoughlin Burke argued that while the elderly driver saw the cherry picker, she appeared to continue at the same speed and that “the misjudgment is not on the part of Mr Logan”.
Mr Kelly told the court that it was “a classic case for a jury to analyse”, adding that while there may be some “fragility” in the evidence, there were no fatal flaws in the prosecution case.
Judge Patrick Quinn ruled in favour of the defence and struck out all charges against Mr Logan.
In his judgement he decided that the material presented did not show a case that could realistically succeed before a jury.