The trial of a taxi driver who hit an elderly woman who was crossing the road has collapsed after a judge ruled there was a lack of evidence to convict her of careless driving.
Dublin Circuit Criminal Court heard that Sinéad Roche (43) continued to drive after she heard a bang on her car and dropped a passenger off nearby before driving back to the scene and speaking to gardaí.
The passenger told the trial that Ms Roche was driving normally before they heard the bang, but “panicked” after that.
Ms Roche, of Rutland Grove, Crumlin, Dublin, had pleaded not guilty to careless driving causing serious bodily harm to Margaret Rooney at Sundrive Road, Crumlin on December 4th, 2016. She also pleaded not guilty to three related charges – failing to offer assistance after her car was involved in causing an injury, failing to stay at the scene and failing to report to gardaí.
The trial has heard that Ms Rooney, who was 77 at the time, suffered serious injuries to her head and ankle and was hospitalised. She now suffers from dementia and was not in a position to give evidence during the trial.
During legal argument in the absence of the jury, Ms Roche’s counsel Philip Sheahan SC submitted to Judge Elma Sheahan that there was no evidence that his client was driving carelessly and that the charge should be withdrawn.
“The circumstances of the accident are completely unclear on the evidence, we have no idea if she was crossing the road, or indeed if she was adjacent to the footpath on the left hand side, in circumstances of darkness,” he said.
‘Eyes on the road’
He said there was no evidence that Ms Roche “failed to pay proper attention and failed to see someone crossing the road” and said in fact that “there is evidence that Ms Roche had her eyes on the road”.
Counsel said there was “no evidence of any element of careless driving, no crossing white lines, no evidence of someone being asleep at the wheel, or on their phone, or driving while intoxicated”.
Ruling on the defence application, Judge Sheahan said there was no evidence of where Ms Rooney was at the moment of impact or prior to it. She said that without more evidence of the circumstances of the collision, the court would be inviting the jury to speculate on “whether there was carelessness” on Ms Roche’s part.
Judge Sheahan noted that Ms Rooney was not in a position to give evidence and nobody else was in a position to give evidence on her behalf about her position on the road. She ruled that she would direct the jury to find Ms Roche not guilty of the careless driving charge.
As a result of further legal applications it emerged that the return for trial to the circuit court was invalid and that Judge Sheahan did not have jurisdiction to make any orders in the case.
Accordingly she brought the jury back out and informed jurors that the case could no longer proceed.