A judge has granted permission to the State to allow a Garda to give evidence via video link from France in the State prosecution of a serving Ennis Garda who is charged with drink driving and careless driving.
At Ennis District Court, Judge Alec Gabbett acceded to the application by Insp Stan O’Grady to allow the Garda provide evidence in the case via video link from France next week.
In the case, 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 2022.
The case was due to be heard in January and Judge Gabbett had previously adjourned the case to next week in response to a State application after a witness, the Garda member in charge on the night was due to be on honeymoon in Australia in January.
The court was previously told that Mr Kenneally remains on suspension and making the new application, Insp Stan O’Grady said that the evidence from the Garda in question due to in France “will be very, very minor – it is about the continuity of CCTV evidence”.
Solicitor for Mr Kenneally, Daragjh Hassett said that the State “is on full proofs in this case in every regard for obvious reasons”.
Mr Hassett said: “It is not ideal that we have the Garda who is going to prove the provenance of apparently important evidence is in a different jurisdiction and different country and we are relying on broadband to have that evidence in court – that is my concern for my client.
He said: “I don’t want it to be the case that during the hearing that the court would have to adjourn the matter further because there is an issue with this evidence.”
Mr Hassett said that he didn’t want to be difficult as the Gardai locally run a high class operation “but I suppose there have been a number of road bumps in this case already”.
Judge Gabbett told Mr Hassett that if the link fails it will be to the advantage of his client.
Judge Gabbett said that he would grant the application commenting that the Courts Service encourages the use of hybrid courts.
The court has heard previously that the case will hear from 12 State witnesses in the case and to also feature CCTV evidence.
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.
