Judge dismisses former Cork hurler's drink driving case

Richard571

Very frustrating see what appears to be a very strange outcome favouring ex GAA all star.

Seems he was caught red handed, admitted drinking and got off on a technicality. I wonder if the same treatment would have been given to say an immigrant or someone without his network. I doubt it.

https://www.rte.ie/news/munster/2025/0616/1518765-cork-district-court-anthony-nash/

Allinall

People get off drink driving charges on “technicalities “ all the time.

Another word for technality is the prosecution not doing their job properly.

Judge’s hands are tied for the most part.

Kalimah

Completely and utterly ridiculous. If he injures someone or worse the next time, the judge should be sued.
Don’t know what the prosecution could have done since no one saw the accident it seems.

Richard571

in this instance procedure looks like it was followed. No witness to the actual crash but driver getting out, making admissions of drink driving and asking her if she knows who he is…..seems pretty clear cut but expected outcome given the person involved in this country.

standardg60

Absolute joke, admits being the driver, admits being drunk, but gets off because there's no evidence of the offence occuring within 3 hours of being tested.

What did the judge think? That he'd crashed the car sober then decided to have a bottle of wine whilst parked on a ditch?

Seth Brundle

But the prosecution was alleging that Nash was driving while under the influence and yet could not prove when exactly the crash occurred or who was driving at the time. The prosecution have to prove their case - the defence don't have to prove innocence! We'd be up in arms if someone was convicted despite large gaps in evidence, even if the dogs in the street know what really happened!

GNWoodd

It’s a weird one .If he was in the car when arrested why would he not have been convicted. ? The offence is driving or attempting to drive or being in charge , depending on the section of the act under which the offence is prosecuted. The time of the crash would be irrelevant .
Does this affect every prosecution under the Road Traffic Act ?

Sheep breeder

https://www.boards.ie/discussion/comment/123551350#Comment_123551350

If the keys are in the ignition and in the driving seat it’s an offence, happened to a lad local sitting in the car on the side of the road when drunk and was convicted.

Seth Brundle

He wasn't seen getting out of the vehicle, he was seen by the garda coming around from the drivers side of the vehicle. Furthermore, as the garda could jot state when the crash occurred, she could not prove that drink wasn't taken after the crash…

For any drink driving prosecution to succeed there must be proof that the driving took place within the three hours prior to when the alcohol test was performed.

Garda Catherine Byrne said that a grey Skoda Kodiaq car collided with a ditch on the side of the road at Cloghroe.

She said that the front of the vehicle had mounted the ditch while the back was protruding onto the public road.

The left side of the vehicle was extensively damaged.

She arrived at the scene at 9.22pm having received a report from Garda radio control a few minutes earlier.

Garda Byrne told the court a male came from the driver side of the vehicle.

...

Under cross examination by Ms McCarthy, Garda Byrne acknowledged that she did not witness the accident or have any evidence of a formal statement taken from someone who did see the collision.

Garda Brian Ramsay said that he was on duty when Mr Nash arrived at the Garda station. He said that when Mr Nash was asked if he had consumed alcohol he said that he had “a bottle of wine two hours ago.”

...

Ms McCarthy told Judge O’Leary that whilst Garda Byrne received a call about the incident at 9.15pm there was no evidence as to the precise time of driving.

Petty points but he got off on that basis. The gardai should have better prepared their case for this trial!

https://m.independent.ie/irish-news/drink-driving-charge-dismissed-against-former-cork-all-star-hurler-anthony-nash/a1898373226.html

farmerval

The garda gave the evidence of what she saw as she is compelled by law. The consequences of that are up to the court.

Patrick2010

I understand there are posters here blaming the guards and the prosecution for not being precise in the case but at the end of the day a lad gets away being drunk as a skunk and crashing a car because he’s a celebrity who can afford top legal defense.

Meanwhile other people get put off the road for sleeping in their car until the morning after a few pints,

Witcher

https://www.boards.ie/discussion/comment/123551533#Comment_123551533

What preparation would have allowed them to travel back in time to obtain the time of driving?

There is case law in place that the time of driving must be provided in a drink driving prosecution, the Gardai cannot always provide that through no fault of their own. Though as usual, the experts here have to take a swipe at them.

Rubberchikken

NNo Fan if AGS but this timei think the garda did all she could and seemed to give an honest report on the circumstances.

I don't think he got off because he was a gaa player, a while back. Just lucky this time.maybe not so much if it happen again. Perhaps he needs to examine his life choices.

Jnealon

https://www.corkbeo.ie/news/local-news/former-cork-hurler-anthony-nash-31659444

Maybe next time, third time's a charm…

Archduke Franz Ferdinand

https://www.boards.ie/discussion/comment/123551739#Comment_123551739

l hate those “do you know who l am” gobshites.

Oscar_Madison

https://www.boards.ie/discussion/comment/123551763#Comment_123551763

Well I certainly didn’t know who this gobshite was - and I know a lot of gobsh1tes 😀

Hungry Burger

I think people would be surprised at what gets struck out of court for all manner of offences for “technicalities” on a daily basis.

At the end of the day, Gardai do a few months in Templemore, not attend law school like a solicitor or barrister. The onus is on the prosecutors and rightly so.

grayzer75

https://www.boards.ie/discussion/comment/123551763#Comment_123551763

Ronnie Pickering

New Scottman

Am I correct in thinking that the majority of drink-driving convictions stem from being caught at a Garda checkpoint rather than after an accident has occurred?

It doesn't seem right that the punishments are the same. You should be treated more harshly if you've been in a accident.

magicbastarder

i wonder whether, had it been the same judge in the newer case as it was in the dangerous driving case, would he have been so charitable over the details?

also, we need a redefinition of the offences here. the earlier case was heard as a road traffic offence case, presumably, as one detail he escaped on was whether or not it happened in a public place. he deliberately drove his car at a garda - that should be an assault with a deadly weapon charge, not a driving offence. the 'public place' caveat should not have been relevant at all.

breezy1985

https://www.boards.ie/discussion/comment/123552015#Comment_123552015

Who's Ronnie Pickering ?

🤭

Seth Brundle

https://www.boards.ie/discussion/comment/123551589#Comment_123551589

I'm not claiming to be an expert but then again, I'm not taking someone to court on a drink driving charge where there wide open gaps for the defence barrister to help their client walk through, which is exactly what happened here.
They had nothing to show that it was he that was driving.
They had nothing to show that he was over the limit when he was driving.
They had nothing to show that he was even in the vehicle whilst over the limit.

It should have been obvious to the Super or whoever pushed this forward for trial that there was a big risk of the case being dismissed. Was the Super hoping that nobody would notice the obvious flaws?
There's no point getting snotty with me because they fecked up!

Red Silurian

https://www.boards.ie/discussion/comment/123552035#Comment_123552035

The punishment is one and the same because the offence, drink driving, is the same. If you are involved in a collision and damage property, injure, or killed someone you have committed another offence. Somebody caught at a checkpoint will be charged for drink driving and potentially dangerous driving while somebody involved in a property or human damage accident can also be charged for those crimes. This allows for somebody who is sober to be charged with a crash also

Unless you play GAA of course

I assume the DPP can appeal and should

Allinall

https://www.boards.ie/discussion/comment/123552060#Comment_123552060

The GAA player in question was charged with drink driving.

Red Silurian

https://www.boards.ie/discussion/comment/123552067#Comment_123552067

Charged but not convicted

brokenbad

The fact that he said to the Garda 'Do you know who I am?' shows the kind of arrogant Cnut he is…..

Joins the list of other high profile "GAA Stars" who think they are above the law when it comes to drink driving, assault or fraud…..

magicbastarder

it's tough being a 'pillar of the community'.

jacool

Be interesting to see if any radio stations change their "expert analysts" after this.

Potential-Monke

Drink driving is one of the hardest prosecutions a Garda can obtain. The amount of stupid little things that can get a case thrown out is crazy. Last I was a Garda (~10 years ago) there were over 54 individual points to prove in drink driving cases. Some of this absolutely ridiculous, like saying "O'Connell St, Dublin" would have a case dismissed, one has to say "O'Connell St, Dublin, a public place", so it's not confused with the O'Connell St, Dublin, private place… It doesn't sound like much, but that x 54+ things while trying to keep everything together… the state has set it up to be easy to get off drink driving. But being ex-Gaa helps. Happened a few of my tickets, one "star" drove through a T-junction on the phone, I issued a ticket and find out months later is was cancelled by a Super. Like everything in this country, it's not what you know, it's who you know.

Jim2007

https://www.boards.ie/discussion/2058416714/judge-dismisses-former-cork-hurlers-drink-driving-case

So which part of it do you not understand?:

For a drink driving prosecution to succeed there must be proof that the driving took place within three hours prior to when the alcohol test is performed.

Even a solicitor on their first outing could not miss that one.

Everyone including those you don't like are entitled to the same treatment before the law and the fault is so obvious that nobody would get convicted in such circumstances.

If anything you should be outraged about the wasting of the coutr's time taking a case that had little or no chance of a conviction and why the player was not treated the same as anyone else would be in the same circumstances…. but that might not suit the narrative.

magicbastarder

long story short - if you crash your car while drunk, the very first thing you should do is get out and hope there are no witnesses. once you do that, you're golden.