Tractor lights play key role as dangerous driving case is struck out
A case of dangerous driving against Felix McGrath, 18 Creamery Rd, Manorhamilton was struck out by Judge Kevin P Kilrane at a recent sitting of Manorhamilton District Court.
The Court heard a van driven by Mr McGrath collided with the rear of a tractor driven by Patrick Maguire at Brockagh, Lower Glenfarne on March 19, 2016.
Giving evidence, Mr Maguire said he was turning right onto the main Manorhamilton-Enniskillen road between 8.30 and 9pm. He recalled it was a dark evening adding, to the best of his recollection, it was dry.
While waiting at the junction to turn right Mr Maguire recalled, “You could see 100-200 yards in either direction from the junction.”
Continuing his evidence Mr Maguire said he had travelled 50 or 60 yards when, “There was a big bang. The tractor tumbled over on its side and I got out of the back window.” Mr Maguire added that he had “A notorious pain in my head.”
Upon getting out of the tractor Mr Maguire observed a light in the distance stating, “I could see a dim light up the road. I presumed that was the vehicle that hit me. It was a white van, a Transit I think it was.” When asked if he came across the van driver at the scene Mr Maguire answered, “No. There was strangers there, it was very dark.”
Gda Sean Gillen gave evidence saying upon arrival at the scene he observed a Transit van on the incorrect side of the road. There was no sign of the driver (Mr McGrath). “I spoke to Patrick Maguire but there was no sign of the driver of the Transit.” Gda Gillen added that he took measurements and made arrangements for the vehicles to be removed.
A memo of an interview carried out by Gda Gillen with Mr McGrath was read in Court in which the defendant acknowledged that he was driving on the date in question. He agreed to produce his driving licence and insurance and when asked if he wished to make a statement in relation to the incident he said, “Not yet. I want to speak to my solicitor first.”