'Last chance saloon' for prosecution as garda is accused of drink-diving in Clare town
State granted adjournment as witness will be on honeymoon
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, Judge Alec Gabbett made his comment after specially fixing a hearing date for the third time in the case of David Kenneally.
The 41-year-old of The Maples, Oakleigh Wood, Tulla Road, Ennis is contesting three separate charges relating to offences that are alleged to have occurred at Abbey Street, Ennis on February 5 last year.
Aisling Casey, State Solicitor for County Clare, told the court that a hearing date was set down for early January but that she was applying for an adjournment and a new hearing date.
She said this is because a witness in the case, the garda member in charge on the night, is getting married and will be on honeymoon in Australia next month.
Ms Casey said the garda in question had made his superiors aware of this in September but there was a miscommunication between other members resulting in Judge Gabbett not being informed of the witness' unavailability when fixing a date for early January for a hearing into the case.
Ms Casey stated the State was "seeking the earliest possible date for hearing in February of next year”.
She told the court that the case was first fixed for a date last July but it was unable to proceed as another 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.
Granting the application, Judge Gabbett said: “This is last chance saloon.”
He said the adjournment was peremptory against the State.
A hearing date was set for February 29, 2024.
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 5, 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.
He 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.