After being presented with a copy of a report that the defendant had a surgical boot on at the time, Judge Eirinn McKiernan said any doubt had to be exercised in the defendant’s favour. She as a result dismissed a case against 26 year-old Coilin Griffin of Otterstown, Athboy who was prosecuted for dangerous driving and failing to give information regarding who was driving , as well as driving without a licence and insurance.
He denied he was driving on October 12 2021 at the R154, Trim Road, Athboy. Following the hearing of evidence at Trim District Court on March 27 last, Judge McKiernan adjourned the matter to allow the defendant produce proof and substantiate that he was in a surgical boot and would not have been able to drive on the date
alleged.
His barrister told Judge McKiernan on Thursday that the boot had been applied on September 30 and was on for six weeks until removed on November 11 that year. Sergeant Peter Clarke, Court Presenter, argued it wouldn’t have prevented the defendant
driving. The defence barrister disagreed, saying it was a serious operation that the defendant underwent.
The case arose when Garda Troy D Egan observed a blue BMW at Athboy on the date concerned and requested a colleague to follow the vehicle. The Garda said the car drove at excess speed and crossed a white line and the patrol car lost sight of the vehicle. The Garda subsequently went to the defendant’s address having checked up the registered owner. The defendant denied he was driving and said it was not his vehicle.
