*Cooraclare. Photograph: Shane Lorigan.
A GARDA inspector declared a Cooraclare man a hostile witness in a case where his ‘over the drink-driving limit’ neighbour wrote off his car in a late night road traffic accident.
At Kilrush District Court, Eugene Woods from the witness box told Judge Alec Gabbett that he didn’t want to give evidence against John McGrath (47) in the drink driving prosecution.
The two men are rural neighbours with both having an address from the townland of Gower in Cooraclare in West Clare and Mr Woods was to be the main State witness in the case against Mr McGrath.
From the witness box, Mr Woods told the court, “I don’t want to give evidence. I know this man. I was friends with this man”.
He said, “It happened. I would prefer not to be here. I don’t want to be here”.
Judge Gabbett said, “I am gathering by this man’s demeanour that he is a hostile witness”.
Insp Brian O’Connor said, “Mr Woods doesn’t want to give evidence on what occurred on the night. He is being deliberately obstructive and I am applying to treat him as a hostile witness”.
Judge Gabbett granted the application which allowed Insp O’Connor to cross examine Mr Woods on the original statement he gave to Gardaí in March 2024.
However, Judge Gabbett dismissed the drink driving prosecution against Mr McGrath following an application from solicitor for Mr McGrath, Daragh Hassett.
In the case, Mr McGrath was facing a charge of driving a car on March 18th 2024 on the R483 at Cooraclare in West Clare having within three hours of driving, the concentration of alcohol in his breath of 22 mg of alcohol per 100 millilitres of breath, where he showed alcohol level of 77 mg per 100 millilitres of breath.
Mr Hassett said that Mr Woods under cross examination from Insp O’Connor said that the accident was around 3am and Mr McGrath wasn’t tested for alcohol until 6.10am at Kilrush Garda Station.
Mr Hassett said, “That is outside the three hours allowed. The clock never stops”.
Mr Hassett said that there was no evidence of a timeline from the State.
Judge Gabbett agreed and dismissed the case against Mr McGrath as he was tested for alcohol at the station more than three hours after the road traffic accident.
Judge Gabbett said, “As much as being a hostile witness, Mr Woods didn’t want to help the State at all but has probably helped Mr McGrath”.
Gardaí were not contacted until 4am by Mr Woods informing them of the road traffic accident and Judge Gabbett said that a truck to take away the damaged car from the scene was delayed which further delayed Mr McGrath being brought to the Garda station.
After being recalled to the witness box and under cross examination from Insp O’Connor, Mr Woods said “I was crashed into” and asked by whom, Mr Woods replied “by John McGrath”.
Mr Woods was in the car with his son and asked about the damage sustained by his car in the accident, he said: “It was a write off.”
He said that Mr McGrath apologised at the scene.
Garda John Cahill said that Mr McGrath failed a roadside test and was arrested at 4.40am at the scene on suspicion of drink driving.
At the station, the test for alcohol in Mr McGrath showed 77mg of alcohol per 100ml of breath. Garda Cahill said that Mr McGrath was “extremely upset”.
