A Judge has sought a reference from the commanding officer of a member of the Defence Forces who knocked down a traffic garda during the Electric Picnic.
Steven Dolan (27) of 50 The Borough, Maryborough Hill, Douglas, Cork, admitted dangerous driving and hit and run on the R445 Dublin Road, Portlaoise, on July 17, 2024.
Garda Sergeant Jason Hughes said the defendant’s car was flagged down to stop by gardaí at a checkpoint during the Electric Picnic last year. He said the defendant drove off and Sergeant Flaherty was caught by the Audi A4 car and “the impact took him off his feet” and he was taken to hospital suffering with soft tissue damage to his left hand and shoulder.
Judge Andrew Cody noted the gardaí had stopped to talk to him and “he just took off” and he appeared to have fled and stopped and then fled again.
When Andrew Dunne BL said his client's version wasn’t exactly the same, Judge Cody said the facts must be accepted if there is a plea of guilty. “You can’t plead guilty to your reality,” he said.
Mr Dunne said “the background is my client is a serving member of the Defence Forces” who was just recently married. He said the man’s military career was at a “critical juncture” and he may be able to study for a degree while serving in the army.
“His future in the army is somewhat entirely dependent on what is before the court today,” said Mr Dunne. He explained that the man was a Private in the army and was based in the Curragh and living in the Whitefields Estate in Portarlington.
He said his client had previously volunteered with the Samaritans in Cork, had taken part in a charity event in Portarlington and played rugby with Portarlington Rugby Club. He said the man’s wife resides in Ecuador and they are organising a visa.
“He stated that he did not realise he was approaching a checkpoint,” said Mr Dunne. The man had believed it was a “traffic diversion” on the day, he explained.
Mr Dunne said his client expressed sincere regret after the event. He noted his client had contacted gardaí a number of times to check on the condition of the garda. He said the man is facing disciplinary action in the army as a result of the incident.
Sgt Hughes said the defendant had one previous conviction from 2021 for “striking a wall and leaving the scene of an accident.”
Mr Dunne said his client had brought €10,000 to court. He suggested the money be divided with half going to Sgt Flaherty and half to a cause chosen by the court.
“I am asking the court to give him a fighting chance,” he said.
He said his client had “experienced considerable stress and anxiety” and had learned a “powerful lesson” as a result of his actions.
Mr Dunne acknowledged the fact that he had previously crashed into the wall of somebody’s house. He said the man had walked home having only caused paint damage to the wall.
“Why does he drive away from effectively two checkpoints?” Judge Cody asked. He said he “knocked down” a garda.
Mr Dunne said it was “simply a moment of panic” and again said he believed it was a traffic diversion.
Judge Cody said it was the second time he had been in a hit and run. He told the defendant he would give the issue consideration over lunch.
When he returned, Judge Cody said “I have a lot of concerns about that.” He said he was skeptical as to why the man had fled and said the behaviour was like that of someone who has ingested, is about ingest or is carrying something.
He said the €10,000 should be donated to Óglaigh Náisiúnta na hÉireann (ONE) which provides support to Irish veterans. He also ordered the defendant to take part in the Pro Social Driving programme.
“I also want a reference from his commanding officer,” said Judge Cody.
Mr Dunne said there was a member of the Defence Forces present in the courtroom for the proceedings.
Judge Cody adjourned the case back to Portlaoise District Court on October 9 and told the defendant that he was not making any promises in relation to the case.
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