An east Donegal woman has failed in an attempt to halt a dangerous driving case being brought against her.
Orla Simpson (40), of Transallagh, St Johnston, was before Letterkenny District Court charged with allegedly committing the offence at Rossgier, Lifford, on July 13, 2024.
The defendant argued that Gardaí had failed to take a proper sketch of the crash scene and did not take a statement from a witness until five months after the incident. Simpson also claimed a prosecution witness was ‘unreliable’ and that the State should have harvested CCTV footage from as far as the Asda Roundabout in Strabane to Daly’s Filling Station on the Letterkenny Road in Lifford.
However Gardaí responded they were satisfied a serious incident had taken place, but admitted there was a delay in taking a statement from a witness.
Judge Emile Daly, who had adjourned the matter from a previous date to consider the challenge, outlined the facts of the case.
She said the delays were ‘not satisfactory’ but that the evidence of the alleged injured party, Linda Gregory, was ‘solid.’
Judge Daly said she heard evidence that Ms Greagory was driving home on the Letterkenny to Lifford road when, it is alleged, Ms Simpson drove around a bend at the Rossgier slip road and that her car was ‘veering from side to side.’
“She (Ms Gregory) slowed down, but the defendant’s car was out of control and there was a significant collision,” she said.
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“Mr McLaughlin’s (witness) evidence was that he attempted to overtake Ms Simpson at the Rossgier junction. However, he claimed, the defendant sped up to prevent him overtaking and the accident occurred at the Rossgier sliproad as a result of speed. And, that is consistent with Ms Gregory’s evidence.”
Judge Daly continued: “There is a suggestion that Gardaí should have harvested all CCT evidence from Strabane to Lifford. I am satisfied that, based on the Burns case, it is disproportionate to expect Gardaí to provide the defendant with all CCTV from Asda in Strabane to Rossgier in Lifford.”
Rejecting the application, Judge Daly said the defendant has a case to answer.
Defending solicitor, Mr Donagh Cleary, asked for the hearing to be adjourned to the June 8 sitting of the court.