*Cooraclare. Photograph: Shane Lorigan.ย 

A GARDA inspector declared a Cooraclare man a hostile witness in a case where his โ€˜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 donโ€™t want to give evidence. I know this man. I was friends with this manโ€.

He said, โ€œIt happened. I would prefer not to be here. I donโ€™t want to be hereโ€.

Judge Gabbett said, โ€œI am gathering by this manโ€™s demeanour that he is a hostile witnessโ€.

Insp Brian Oโ€™Connor said, โ€œMr Woods doesnโ€™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 witnessโ€.

Judge Gabbett granted the application which allowed Insp Oโ€™Connor to cross examine Mr Woods on the original statement he gave to Gardaรญ 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 wasnโ€™t tested for alcohol until 6.10am at Kilrush Garda Station.

Mr Hassett said, โ€œThat is outside the three hours allowed. The clock never stopsโ€.

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, โ€œAs much as being a hostile witness, Mr Woods didn’t want to help the State at all but has probably helped Mr McGrathโ€.

Gardaรญ 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 โ€œI was crashed intoโ€ and asked by whom, Mr Woods replied โ€œby John McGrathโ€.

Mr Woods was in the car with his son and asked about the damage sustained by his car in the accident, he said: โ€œIt was a write off.โ€

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 โ€œextremely upsetโ€.

Related News

Screenshot 2025-11-07 101550
Ennis Tennis & Badminton Club raises over โ‚ฌ6,300 for Breast Cancer Ireland
MHP Sellors LLP win National Law Firm of the Year 2025 at the Irish Law Awards
โ€˜People should shop around for the right solicitorโ€™ - MHP Sellors boss Stephen Keogh
o'connell square street public realm works 23-09-25 1
Pain of Ennis public realm works will be 'worth the inconvenience'
clare flag st josephs tulla v de la salle 22-01-22 26
Former newspaper editor, GAA development manager & sports officer on Clare GAA Head of Operations shortlist
Latest News
o'connell square street public realm works 23-09-25 1
Pain of Ennis public realm works will be 'worth the inconvenience'
st flannans college v cashel community school 05-11-25 darragh mcnamara 2
St Flannan's & St Joseph's Tulla prevail in second round of Harty Cup
bridge utd v avenue utd 19-10-25 filip mostowy darragh whyte 1
Home comforts await Clare clubs in fourth round of Munster Junior Cup
clare flag st josephs tulla v de la salle 22-01-22 26
Former newspaper editor, GAA development manager & sports officer on Clare GAA Head of Operations shortlist
shannon shamrock 04-06-20 1
Appeals lodged over plans for housing on Shannon Shamrock site in Bunratty
Premium
Appeals lodged over plans for housing on Shannon Shamrock site in Bunratty
Fiery Fianna Fรกil AGM could be on the cards as members left 'hurt' over Presidential election
Search for Considine's successor as CEO underway but no imminent appointment announcement
Scariff's Anthony among contenders for powerful European Commission job
Mayor Murphy 'still baffled' by Fine Gael failing to nominate Carey to Seanad

Subscribe for just โ‚ฌ3 per month

If youโ€™re here, you care about County Clare. So do we. Did you rely on us for Covid-19 updates, follow our election coverage, or visit The Clare Echo every week for breaking news and sport? The Clare Echo invests in local journalism and we want to safeguard its future in our county. By becoming a subscriber you are supporting what we do, will receive access to all our premium articles and a better experience, while helping us improve our offering to you. Subscribe to clareecho.ie and get the first six months for just โ‚ฌ3 a month (less than 75c per week), and thereafter โ‚ฌ8 per month. Cancel anytime, limited time offer. T&Cs Apply. www.clareecho.ie.