State appeals decision to clear man over crash that smashed Wicklow shop window and injured seven

By Darragh McCann, The Wicklow People

The State has lodged an appeal against a ruling to dismiss a dangerous driving case, which injured seven people and caused significant damage on Bray’s Main Street.

Dermot Logan (29), of Wesley Lawn, Dundrum, Dublin 16, previously appeared before Wicklow Circuit Criminal Court for a Section 4E hearing.

At a recent sitting at Wicklow Circuit Criminal Court, counsel for the prosecution, James Kelly BL, told the court that the State is appealing Judge Patrick Quinn’s decision to dismiss the charge.

A Section 4E application arises before a trial, where the defence may ask the judge to withdraw the case from the jury on the basis that the evidence is insufficient to support the charge.

If the judge agrees, the charge is dismissed. The State may appeal such a ruling to the Court of Appeal on a point of law, arguing that the judge erred in withdrawing the case. If successful, the matter can be sent forward for trial.

Mr Logan had been charged with one count of dangerous driving causing serious harm.

At the earlier hearing, Mr Kelly told the court it would be alleged at trial that on February 15, 2024, the accused was engaged in work at Bray Central on Main Street, Bray, 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, with the court hearing that seven people were injured.

Counsel for Mr Logan, Gemma McLoughlin Burke BL, argued that 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 believed he saw her, adding that she thought 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 nineties , 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 had been 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 been brought against the pensioner.

Mr Kelly argued 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.

However, Judge Quinn ruled in favour of the defence and struck out all charges against Mr Logan.

In his judgment, he found that the material presented did not disclose a case that could realistically succeed before a jury.

The matter now proceeds by way of appeal by the State against that ruling.