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Author: Dara Bradley
~ 3 minutes read
A Conamara man who overtook a cyclist along the R336 at Indreabhán – video footage of which was shared on Twitter – was cleared of careless driving at Derrynea District Court.
The court was shown a screenshot of a social media account belonging to the cyclist in which he posted a video of the incident on Twitter – and boasted that the driver was going to lose their licence.
But Judge Deirdre Gearty struck out the summons against Mike Curran of Leitir Calaidh, Leitir Mór.
Mr Curran had denied the offence, contrary to Section 52 of the Road Traffic Act, that he drove without due care and attention at Na hAille, Indreabhán,on February 9, 2022.
Sergeant Joe Folan investigated after cyclist Colm Kelly lodged a complaint to Garda Traffic Watch and An Spidéal Garda Station.
Sgt Folan said Mr Kelly submitted video footage of three incidents – including the date in question – from cameras on his electric bicycle.
Sgt Folan said the complaint was made on April 8, two months after the incident before the court, but just two days after an alleged similar incident involving the same vehicle.
Mr Curran confirmed in a pre-arranged interview with Sgt Folan that he was driving the silver Skoda SUV, a company car, on February 9.
He was on his way out of Galway, when he got a phone call to say his elderly mother, who had fallen out of bed. Mr Curran confirmed to Gardaí he overtook a cyclist on the R336 on his way to his mother.
Mr Kelly, in evidence, said the accused was the second of two cars that overtook him in quick succession at Na hAille. He said there was an oncoming car when Mr Curran overtook very close to him.
Mr Kelly said he had to take evasive action, moving left towards the verge, to avoid a collision.
In response to questions from Judge Gearty, who viewed the video footage, Mr Kelly said he was unsure whether the accused had crossed a continuous white line, and he couldn’t recall the weather conditions.
He was travelling from An Spidéal to his home in Leitir Mór, at about 28kmph at the time of the incident.
In response to defence solicitor, Catherine Tolan, Mr Kelly said he had lodged “very few” complaints about motorists with Gardaí – possibly ten during eleven years of cycling.
He said he did not know Mr Curran who was just a “random person to me”.
Ms Toolan produced a screenshot of a social media account belonging to Mr Kelly in which he posted a video of the incident on Twitter and boasted that the driver was going to lose their licence.
Mr Kelly confirmed the tweet was his. “I like to highlight dangerous driving to educate them,” he said.
Ms Tolan suggested there was a long line of traffic behind his bike when her client overtook on a centre line that was not solid.
Mr Kelly said he was “not 100% sure” if it was a continuous white line.
At this point Judge Gearty interrupted and said she was not satisfied with the evidence and struck out the case.
Pictured: Judge Deirdre Gearty.
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