A man has failed to secure a High Court order stopping his trial on a charge of dangerous driving causing the death of a pedestrian in Co Wexford three years ago
Mr Justice Brian McGovern yesterday rejected an application by Michael Sinnott (26), Kellystown, Adamstown, Co Wexford, for an order halting his trial for dangerous driving causing the death of Adrian Cogley (20) near Adamstown on January 4th, 2004.
Mr Sinnott had claimed he would not be able to get a fair trial as the Garda had failed to preserve the car that he was allegedly driving at the time and which was later found burnt out.
Mr Sinnott claimed his solicitor and engineer tried to examine the car at Enniscorthy Garda station in January 2005, but discovered it had been either crushed or destroyed.
Mr Sinnott had argued that it was crucial to his defence that experts examine the car on his behalf.
The fact that they could not meant there was a substantial risk that he would not receive a fair trial, he claimed. The Garda had a duty to preserve the car for examination, he contended.
In his judgment, the judge said it was "most unfortunate" that the car was "mistakenly removed" from a Garda compound for destruction.
While the fact that it was impossible for Mr Sinnott's engineer to examine the car gave rise to "an area of difficulty", it would not inevitably or necessarily lead to an unfair trial and the difficulties could be remedied by rulings and directions from the trial judge, he ruled.
The judge added that he "could not ignore the conduct of the applicant in this matter in seeking to destroy the evidence". He noted that Mr Sinnott had said in statements to gardaí that, on the date of the accident, he came around a bend, saw a pedestrian on the road and could not avoid him.
He said Mr Sinnott had also admitted in statements made in early January 2004 that he was driving the car when it struck the deceased.
He had also admitted to leaving the scene, taking the car to a location, setting it on fire, and to having no driving licence or insurance at the time.
The judge said the burnt-out car was examined by public service inspector Garda Stuart O'Sullivan, who confirmed that it was in "a very dangerous condition before being burnt" and "should not have been in use on the public road".
The judge also said he was not satisfied that Mr Sinnott had moved with due dispatch to have the car examined.