No deliberate flouting of law

A charge of failing to keep a vehicle at the scene of an accident against a Bawnboy man was dismissed when he pleaded not guilty to the offence at a sitting of Ballyconnell District Court. Frank McGoldrick, Mullaghmore, Bawnboy, was charged with the offence at Gurteen, Swanlinbar, on May 3. Sergeant Paul McGuinness said he was on duty in Swanlinbar village when he got a call at about 8.15pm that there had been a collision at Gurteen, Swanlinbar. When he got there he noticed damage to a bridge and a van parked close by with extensive damage. He checked the registration and discovered it belonged to the defendant. There was no one at the scene of the collision. He informed Ballyconnell of the registration and asked them if they could send someone to the address. Later he was informed that Mr. McGoldrick had gone to Cavan General Hospital. Witness called the hospital and was told that a Patrick McGoldrick had been admitted as a result of a traffic accident. Patrick is a son of the defendant and was kept in over night for observation. The following day the defendant attended Swanlinbar Garda Station and following caution he admitted driving the van. His son was a passenger. It was only when Sergeant McGuinness got in touch with the hospital that he became aware there was a passenger in the van. The bridge had been repaired. Cross-examined by Ms Mary McAveety, solicitor defending, witness agreed that Mr. McGoldrick's van was at the scene when he got there. Ms. McAveety informed the court that Mr. McGoldrick's son had complained of chest pains following the collision. His daughter, who is a nurse and was home from London, advised him to take Patrick to hospital for examination. Judge Sean MacBride said there were other sections that the defendant could have been charged with. He could have been charged with failing to give proper information. "You are accountable for the movement of your vehicle." Judge MacBride added that he would have convicted the defendant but for the fact his son was in hospital. "I don't think there was a deliberate flouting of the law in this matter." Once the defendant rang home and there was a nurse and his son had complained of chest pains the judge would not hold it against him taking his son to hospital.