Judge Mary Devins criticises the DPP after a charge of dangerous driving causing death was not brought against the driver of a car who was involved in an accident in 2006 in which Mr Angelo Forcina was killed.
Judge takes issue with charges in fatal road accident case
JUDGE Mary Devins said the family members of a Westport restaurateur who was killed in a two-vehicle collision outside the town two years ago were ‘not being served by the State’ in relation to the way a District Court case arising out of the accident was being handled. She said that the driver of the car that hit the deceased’s vehicle had not been charged with the most appropriate offence: dangerous driving causing death.
Last week, Mr Patrick Ryder (33), a train driver from Tavanaghmore, Foxford, and Mr Joe Davis (37), Clossagh, Foxford, appeared before Achill District Court on charges arising out of a road traffic accident on July 17, 2006 in which Mr Angelo Forcina, owner of ‘La Bella Vita’ restaurant in Westport, was killed.
Mr Ryder, who was driving a Toyota car on the night, was charged with having no road tax; failing to report the occurrence as soon as possible to a member of An Garda Síochána; failing to give the appropriate information; failing to drive on the left hand side of the road and not having a tax disc displayed. He pleaded guilty to the charges relating to tax but not guilty to the other three.
Judge Mary Devins, before hearing the case, said the two summonses relating to reporting the accident and giving proper information were unsatisfactory. She said the DPP had chosen to prosecute for what were normally described as minor road traffic offences, rather than bringing the most appropriate charge of dangerous driving causing death. The two most serious of the road traffic charges that were brought were ‘absolutely badly and carelessly drafted’, prompting the judge to remark: “I think it is a disgrace.”
In evidence, Mr Martin Lally said that, on the date in question, he was driving to Partry at 12.30am. He came across a red car overturned on the Ballinrobe Road. There was nobody in it. He saw two males appear from the Ballinrobe direction, one with blood on his head. He heard a girl screaming that there were two men dead on the road. He drove down to the second vehicle, a jeep, and saw the body of a person on the right hand side.
Bebhinn Langan told the court she collected her sister on the night of the accident and they were driving home. About a mile-and-a-half outside Westport they saw an obstruction on the road. A car was completely overturned on the road and the passenger door swung open and a man got out. Another man got out of the driver’s side. The two men were quite badly injured. She asked if they should ring the Gardaí or an ambulance and one of them said ‘no, no’. He asked what damage had been done to her car and she told him he did not hit her. He replied that he had hit something.
Ms Langan said the road was covered in glass. She saw the lights of a Pajero pick-up truck and then saw the body of a man. A hackney driver arrived on the scene. The two males who got out of the car went over to the body and one said, ‘please wake up, please wake up’. When she turned around the two males were gone.
Garda Michael Clarke said he was on duty on the night when he received a report of the accident at 12.40am. At 5.50am two young men, Patrick Ryder and Joe Davis, came to the counter of the station. Mr Ryder put his hands on the counter and said: “It was me Mick that was involved in the accident.” Both had congealed blood on the right hand sides of their faces. Mr Ryder was trembling.
Garda Clarke said the accident had happened at 12.30am and Mr Ryder went to the station at 5.50am.
Under cross-examination from defending solicitor, Mr Rory O’Connor, Garda Clarke said he had known Mr Ryder and he noticed he was anxious. When making the statement he got upset and the garda thought it wise to wait. There was no evidence he had drink on him.
Sergeant Denis Harrington said on November 28, 2006, he met Patrick Ryder at the offices of his solicitor during which he gave a prepared statement. In it he said he was driving a ‘94 Toyota MR2. He did not recall how he was driving. He could not remember seeing anyone at the scene and did not know why he did not stay at the scene. He said that, judging by the state of his clothes, he and Joe Davis must have walked back to Mr Davis’ house through the fields. His brother-in-law came to the house and told them about the accident. He did not know what had happened.
On the night he went for dinner with Joe Davis and his brother and parents at The Asgard. He had one pint of Guinness. They went to The Jester where Mr Davis had an altercation and he brought him outside. They walked back to the house and Joe asked him to bring him for a spin as he was upset. He remembered seeing blinding lights and had glass in the side of his head. He had no recollection of a large part of what happened.
Garda Brian Kilkelly told the court there was approximately 110 yards between both vehicles. The deceased’s vehicle travelled a very long distance after the impact. He said Mr Forcina had left his restaurant at 12.30am and dropped a colleague home. The accident happened approximately one kilometre from his home.
Garda David Healy, Garda Scenes of Crime Unit, said both vehicles were separated by 111.6 metres. There were tyre marks on the centre of the road which were similar in pattern to that on the MR2 but he could not say they were from the defendant’s car. It was a shallow angled impact which, he said, ‘was created by the MR2’. There was nothing to suggest the front of the jeep had been hit by anything as all the damage was to the side.
Under cross-examination by Mr O’Connor, Garda Healy said there was no way to calculate the speed. Because of the damage to the car, he could say the impact occurred at an angle.
Dr John Connolly, psychiatrist, said he had met Patrick Ryder on 16 occasions since the accident. He seemed to have no personal memory of the accident other than being upside down in the car and trying to get out. The injury to his head may have concussed him causing traumatic memory loss. Dr Connolly said he accompanied him to the scene of the accident and the Garda station but this did not create any memories. He said he had completely emotionally detached himself from the scene and the car. In view of the length of time since the accident, Dr Connolly said he did not expect him to regain his memory. An incident such as this could cause post-traumatic stress disorder.
In direct evidence, Patrick Ryder recalled the same details as given in his prepared statement, regarding his movements on the evening prior to the accident.
Under cross-examination by Superintendent Pat Doyle, Mr Ryder said he heard the evidence of the two girls, that he had gone over to the body and he did not think they were telling lies. He did not know what he was doing and did not know how long it took him to walk home. He disagreed he knew what he was doing when he left the scene.
Joe Davis told the court he saw Mr Ryder drink one pint on the night. He had an altercation in town with another person and the two men walked home. He asked Mr Ryder to bring him for a spin as he did not want to go into the house. They went out the Ballinrobe Road and turned. He saw lights and heard something. He remembered Mr Ryder telling him to get out of the car and a woman speaking. He knew something had happened as there was blood. He was not thinking straight.
Judge Devins asked both the prosecution and defence to consider case law in relation to the necessary proof for a successful prosecution on two of the charges before the court. She adjourned her decision in the case to Westport District Court on December 4 next.
