Portlaoise court Judge criticises Director of Prosecution’s decision in dangerous driving case

A DISTRICT court judge said he was at a loss to understand how the Director of Public Prosecutions (DPP) could direct a case that involved several incidents of dangerous driving should be dealt by way of summary disposal.

The case involved a garda pursuit of a car carrying four men, who fled on foot across fields, after their car crashed head-on into another vehicle. The car burst into flames, leaving two people injured and luckily escaped with their lives.

Judge Andrew Cody made his comments at last week’s sitting of Portlaoise District Court when a 20-year-old came before him and pleaded guilty to five counts of dangerous driving, hit and run and failing to assist at the scene of an accident as well as driving without insurance.

Garda Noel Tier told the court that at 2pm on 1 June while on mobile patrol he initially followed a car to monitor its driving, which took off at speed and which he pursued.

Video footage of the chase was shown in court and saw the defendant Douglas Bassett from Ballyspellan, Johnstown, Kilkenny driving through roundabouts on the wrong side of the road, reaching speeds of over 100km/ph on 80km roads, overtaking cars on continuous white lines and on bends and drive through red traffic lights in the Borris-in-Ossory, Ballybrophy, Shamboe, Derrinsallagh, Coolfin and Ballacolla townlands.

Gda Tier said there were four occupants in the car he was pursuing. He said at one stage the garda car lost contact with it. When he eventually caught up, he came on it crashed head-on into another car, which was on fire, and its occupants fleeing across nearby fields.

He said gardaí quickly apprehended Mr Douglas, while two others were later arrested and the fourth arrested after information they received.

He said the two people in the other car were injured and taken to hospital. He said both men suffered for weeks from their injures and are still dealing with the psychological effects of the collision.

Gda Tier said two days prior to the incident Mr Douglas had purchased the car for €200 and had registered it in a false name.

He said the defendant had three previous road traffic convictions.

After viewing the footage Judge Cody said: “Every scene is a dangerous driving offence.

Defending solicitor Josephine Fitzpatrick said that her client: “Is in no doubt that he is in the departure lane and is hanging his head in shame.” Judge Cody said: “There were six people involved in this and were lucky not to have been killed. He could be hanging his head in shame at funerals over this.” Ms Fitzpatrick said that while Garda Tier initially had no issue with her client’s driving, adding, “because he was disqualified from driving at the time he panicked. It was a driving episode that got completely and utterly out of hand. He is young and lacking maturity. He is not a drinker. Not a smoker and doesn’t take drugs and works as an apprentice electrician.” Judge Cody said: “The DPP has surprisingly directed summary disposal (dealt at district court level) in this case. I’m surprised it made that decision. In my opinion the DPP has made an error. Other charges could have been preferred but this is the DPP’s decision. Mr Douglas can count himself lucky that his case is being heard in the district court.” He went on to read the two injured men’s statements of how the collision has affected them.

The passenger of the car told how they were shocked to see the car coming head-on and how they looked up to see four men fleeing across the field, “and not looking back to see if we were alive or dead.” The driver of the car said, “in the blink of an eye, he saw the accused “charging at us and collide head-on. I was in a state of shock. The made a run for it and the engine of their car was on fire. I thought that we’d be burnt alive in our car. The crash will aways remain in my mid.” Ms Fitzpatrick said Mr Douglas had read the victim impact statements, “and hangs his head in shame. It just demonstrates how a simple error of judgement can change everyone’s lives.” Judge Cody said: “This is the most dangerous of dangerous driving that I have seen in any court in the past few years. He ploughed down narrow lanes at speeds in excess of 100km. He drove through red lights and bought the car two days previously using a false name. He failed to stop and drive in a manner that injured two people. He risked the lives of six people, that’s not taking into account the pedestrians he whizzed by. It was a despicable act leaving the scene of an accident with seriously injured people and fleeing. He didn’t care or was bothered to see were they alive or dead.” Judge Cody convicted Mr Douglas of driving without insurance at Oldglass, Ballacolla and imposed a five-month custodial sentence. For failing to render assistance at the scene of an accident, five months consecutive to the previous sentence and for dangerous driving at Oldglass, Ballacolla another five months.

On the dangerous driving charge at Derrinsallagh, Borris-in-Ossory Judge Cody imposed a five-month sentence to run concurrently with the 15 months already imposed.

Mr Douglas was also disqualified from driving for a ten-year period alongside each of the above sentences.

Judge Cody thanks the two injured men for submitting their victim impact statements and wished them well in their recoveries.

He went on to assign free legal aid and fixed recognisance of a €1,000 own bond with a cash lodgement of €500 in the event Mr Douglas wished to appeal against the decision, which the accused took up before the court finished its business for the day.

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