A truck driver who hit and damaged a wall in Tipperary before driving off has been convicted at Thurles District Court.
Stefan Florin, 32, of Mense, Raphoe, Donegal, was convicted of Hit and Run at Loughbeg Thurles on May 8, 2022. Mr Florin was not in court on the day.
The homeowner told the court that he was at home, when at around 7pm, he heard a loud bang outside.
When he went out to investigate, he saw a hole in his wall and damage to the hedge beside his garden, but there was nobody on the road.
He told the court that the total cost of the damage came to €13,000 and that his insurance had covered it.
Garda Jill Masterson of Nenagh Garda Station told the court that while working in Thurles, she was assigned to investigate the report.
She said she observed “severe damage” to the boundary wall and skid marks at the scene, which suggested a large vehicle had made “some sort of manoeuvre”.
Garda Masterson then made contact with the homeowner’s neighbour, who told her they had seen a truck driving away and had taken a picture of the licence plate.
The court heard that the licence plate was registered to a business in Naas, who were able to confirm the defendant was driving the truck on the day of the incident.
Following further enquiries, Garda Masterson told the court she found out that the defendant was arrested on the M7, just hours after the incident in Tipperary.
PORTLAOISE
The arresting guard from Portlaoise Garda Station told the court that on May 8, 2022, he was responding to multiple calls of a truck driving erratically on the M7.
He observed the truck swerving on both sides of the road and pursued the vehicle.
He told the court that despite his lights being activated, the driver did not stop but did slow down at Junction 15 and eventually stopped at Junction 14.
The driver did not respond to the guards’ calls, and when the guard opened the driver’s door, he smelled alcohol and arrested the driver.
The guard told the court that it was later he learned about Garda Masterson’s interest in the case.
REASONABLE DOUBT
Solicitor for the defendant, JJ Fitzgerald, told the court that there was no evidence that his client had caused the damage to the witness’s property.
“You can suppose it, but it’s not beyond reasonable doubt,” said Mr Fitzgerald.
He also argued that there was no damage to the truck to suggest it had been in an accident.
Speaking for the State, Inspector James White of Thurles Garda Station said that they were unable to question the defendant because he did not have any fixed abode at the time.
But, the picture provided by the neighbour was confirmed by the man’s employer, who has accepted liability for the damage.
Regarding damage to the truck, Inspector White said it was an articulated truck, and so may not have been damaged in an accident.
JUDGEMENT
Judge Elizabeth MacGrath agreed that the evidence was circumstantial but there was enough evidence to meet the threshold for conviction.
She noted that Mr Florin was not in court to give evidence and said that had he wanted to defend himself, he would have been in court.
Judge MacGrath also noted two previous convictions under the Road Traffic Act and that he had been disqualified from driving in 2022.
Judge MacGrath fined Mr Florin €400.
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