Wexford woman who was charged with careless driving has case dismissed
Wexford PeopleA Wexford woman accused of careless driving and failing to remain at the scene of an incident involving a pedestrian has had both charges dismissed after Judge John Cheatle ruled the State failed to prove the case beyond reasonable doubt.
Gorey District Court heard that on February 2, 2024, at Irish Street, Enniscorthy, Mary Canavan was walking along the foothpath when she was struck by a dog box hitched to a car being driven by Sonja Delaney (60) of Shalom, Bree, Enniscorthy.
Ms Canavan gave evidence that on the day in question she was struck in the left leg by the dog box while Delaney reversed out of a parking spot.
The injured party stated she fell to the floor before getting up and knocking on the window to speak with the accused before she sped off.
A witness to the incident, Patrick O’Connor, was near the carpark when he stated he seen the vehicle hit the elderly woman who fell to the floor.
Counsel for the accused, Andrew Bolger BL, pointed out to Mr O’Connor that in a statement made to the gardaí he stated he heard a scream and when he looked back it appeared the woman had been hit. The barrister highlighted the change in the statement of the witness.
Delaney subsequently gave evidence that at a later date she was approached by Mr O’Connor who stated the inured party had contacted him offering money to give evidence on her behalf “if you want to give me a few bob.”
In giving her version of events Delaney stated that she was reversing out of her parking spot when she noticed the woman on the footpath. The accused stated the woman waved her on to continue before she started crossing again herself.
At this point Ms Canavan came around to tap the window and said “you nearly knocked me down” to which the accused responded “you’d want to make up your mind, you’re waving me on.”
The defendant maintained there had been no physical contact between the complainant and her vehicle.
Mr Bolger submitted that the court was faced with two conflicting versions of events and argued that, in the absence of CCTV footage, his client was entitled to the benefit of the doubt.
Judge Cheatle agreed that without CCTV evidence it was difficult to determine precisely what had occurred.
The judge said he was satisfied there had been “some sort of bump” involving the vehicle which prompted the interaction between the two women, but he was not satisfied the evidence amounted to careless driving.
Judge Cheatle also said he accepted that Delaney was unaware she had made contact with the complainant and that she remained at the scene for as long as she believed necessary.
He found that this did not amount to a hit-and-run offence and dismissed both charges against Delaney.