A MAN charged with dangerous driving causing serious injury to a passenger, who died some months later, has lost a Supreme Court bid to stop his trial because of the Garda failure to preserve the car.
The three-judge court ruled that the destruction of the car did not create a real risk of an unfair trial for Ciarán Savage as there were reports on the condition of the car and other evidence.
However, the judges stressed the importance of preserving evidence which may impinge on the guilt or innocence of an accused. It was “never legitimate” to destroy such evidence and, if that did not occur, applications such as that made by Mr Savage would not have to be brought, Mr Justice Adrian Hardiman said.
Mrs Justice Susan Denham, presiding, said it would be “best practice” for the Garda to give notice to an accused or potential accused of an intention to destroy a vehicle or evidence which may reasonably be relevant to a trial and to give that person time to examine the vehicle should they wish.
Mr Savage, Deansrath Park, Clondalkin, Co Dublin, had argued in judicial review proceedings that his right to a fair trial was prejudiced by the failure of the Garda to preserve the allegedly stolen car he was allegedly driving at speed at the time of the incident at Old Kilmainham, Dublin, on June 3rd, 2001. He and Debbie Muldoon were seriously injured and Ms Muldoon died in November 2001.
Mrs Justice Denham, Mr Justice Hardiman and Mr Justice Nial Fennelly yesterday unanimously dismissed Mr Savage’s challenge to his trial proceeding.
The issue before the court was whether, in light of the fact the Garda had destroyed the car some weeks after the incident, without giving the defence an opportunity to examine it, there was a serious risk he could not obtain a fair trial.
Mr Savage had argued that a proper examination of the car could have yielded evidence helpful to his defence and would support his claim that it was defective in a way which may not have been reasonably noticed by its driver.
