A judge has told the State that “it is last chance saloon” in its prosecution of a serving Garda who is charged with drink driving and careless driving.
At Ennis District Court on Wednesday, Judge Alec Gabbett made his comment after specially fixing a hearing date for the third time in the case where David Kenneally (41) of The Maples, Oakleigh Wood, Tulla Rd, Ennis is contesting three separate charges being brought against him that are alleged to have occurred at Abbey Street, Ennis on February 5th last year.
State solicitor for Co Clare, Aisling Casey told the court that a hearing date was set down for early January but she was applying for an adjournment and a new hearing date as a witness in the case, the Garda member in charge on the night is getting married and will be on honeymoon in Australia in January.
Ms Casey said that the Garda in question had made Gardai aware of this in September but there was a mis-communication between other members resulting in Judge Gabbett not being informed of the Garda’s unavailability when fixing a date for early January for a hearing into the case.
Ms Casey stated that the State was “seeking the earliest possible date for hearing in February of next year”.
Ms Casey said that the case was first fixed for a date last July but it was unable to proceed as a Garda witness was unavailable due to the death of his mother.
Solicitor for Mr Kenneally, Daragh Hassett said he was objecting to the State’s new application to adjourn a date for hearing into the case.
He said that “this is a second bite of the cherry by the State” after the State had sought a longer adjournment in the case in September.
The court was previously told that Mr Kenneally remains on suspension and Mr Hassett told the court: “This man before the court is innocent of the charges as things stand and he has been out of work since this matter arose.”
Ms Casey said that there will be 12 State witnesses in the case which she said is to also feature CCTV evidence.
Judge Gabbett said that “this is last chance saloon” and said that the adjournment was peremptory against the State.
Judge Gabbett fixed a date for February 29th next for the hearing of the case.
Ms Casey told Judge Gabbett: “It is on us to make sure everyone is here.”
In the case, Mr Kenneally is charged with drink-driving at Abbey Street, Ennis on February 5th 2022 contrary to Section 4 of the Road Traffic Act.
Mr Kenneally is also charged with driving without due care and attention at the same location on the same date contrary to Section 52 of the Road Traffic Act.
Mr Kenneally is also facing a summons of consuming intoxicating liquor with the intention to frustrate a prosecution under Section 4 of the Road Traffic Act at Abbey Street, Ennis on February 5th 2022 contrary to Section 18 (3) of the Road Traffic Act.
