The two Dubliners arrested after a fatal car crash in Westmeath on Wednesday appeared before a special sitting of Mullingar District Court yesterday. Mr Declan Murphy (29), said to have AIDS, of Gloucester Place, was remanded in custody to appear at Tullamore District Court on February 4th, while his companion, Ms Tracey Cummins (23), from Croke Villas, Ballybough, was remanded in custody to appear at the same court.
The pair faced three charges relating to the unauthorised use of two cars and with reckless driving. Mr Murphy was charged with having intentionally or recklessly driven a car on January 28th at Garda Tom Judge and Garda Michael Carty in a manner causing them to fear for their safety and which created a substantial risk of death or serious harm to another.
He was further charged with using a vehicle without the consent of the owner, Mr Sean Robinson, on the same date and at the same location; and with having used another car on the same date without the consent of the owner, Mr Denis Murphy.
Ms Cummins was charged with being a willing passenger in the two vehicles, knowing them to have been stolen. She was further charged with intentionally or recklessly being a passenger in a car driven at the two gardai.
Garda Tom Judge gave evidence of arresting Mr Murphy at Belvedere, Mullingar. When charged, Mr Murphy said he had nothing to say. Garda Judge told Judge Aidan O'Donnell that the man had appeared in Galway District Court on Wednesday and his case was adjourned on medical grounds.
Opposing bail, Supt Jerry Clifford said Mr Murphy was before the court on holding charges and that other more serious charges would be brought against him.
There had been occasions when he had failed to appear in court and bench warrants were issued, he stated. Supt Clifford alleged that Mr Murphy was involved in a series of events which began with the unauthorised taking of a car in Dublin on Wednesday, and culminated in the death of a woman motorist at Drummand, Milltownpass, that afternoon.
In between, Mr Murphy had appeared in Galway District Court and following his release on bail stole another vehicle which he crashed, alleged Supt Clifford. He said Mr Murphy and Ms Cummins had attended hospital for treatment but left by a back door and stole the vehicle later involved in the fatal accident.
Appearing for Mr Murphy, Mr Redmond O'Regan, solicitor, said that when Mr Murphy failed to appear in court it was because he had been hospitalised. His client was in the advanced stages of AIDS and he asked Judge O'Donnell to recommend that he be held in a medical facility. Remanding Mr Murphy in custody, Judge O'Donnell said he would recommend that he receive appropriate treatment.
In the case of Ms Cummins, Garda Jarlath Folan gave evidence of arresting her at Lynn, Mullingar. She made no reply when the charges were put to her.
Indicating that the State would not oppose bail for Ms Cummins, Supt Clifford said there was no evidence to suggest she had been a driver in any situation and the charges related to her having been carried in the vehicles.
Mr O'Regan, who also appeared for Ms Cummins, said his client was the mother of a young child left in the care of its grandmother while she accompanied Mr Murphy to Galway.
Judge O'Donnell remanded Ms Cummins in custody with consent to bail of £100 personal surety and £5,000 independent surety to appear at Tullamore District Court next Wednesday.