Anthony Nash asked Garda if she knows who he is when arrested on suspicion of drink driving, court hears
Two-time All-Star hurler, Anthony Nash, asked a Garda, 'Do you know who I am?' when he was arrested on suspicion of drink driving after his car was found mounted in a ditch with the back of the vehicle protruding onto the road, a court has heard.
Cork District Court heard that Mr Nash (40) also told the Garda 'I'm drunk' when she approached him in Cloghroe in Blarney, Co Cork on the evening of August 9th, 2023.
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The former Cork goalkeeper, who was charged with driving under the influence of alcohol, had the case against him dismissed on Monday after his barrister Paula McCarthy cited a lack of evidence as to the time of driving.
For a drink driving prosecution to succeed there must be proof that the driving took place within the three hours prior to when the alcohol test is performed.
The court heard evidence from Garda Catherine Byrne. She said that a grey Skoda Kodiaq car crashed in to a ditch on the side of the road at Cloghroe in Blarney, Co Cork.
Garda Byrne said that the front of the vehicle had mounted the ditch whilst the back was protruding on to the road. She arrived at the scene at 9.22pm on August 9th, 2023 having received a report from radio control a few minutes earlier.
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Garda Byrne said a male came from the driver side of the vehicle. She stated that the man was 'dishevelled and appeared distressed.'
Garda Byrne asked him if he required an ambulance and he said that he was 'okay.'
She said that the man identified himself as the driver of the vehicle and stated 'I'm drunk.' She said that she immediately cautioned him that anything he said could be used in evidence against him.
Garda Byrne said that there was a strong smell of alcohol from the driver.
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'He was unsteady and his eyes were glazed. I asked the male if he was driving the vehicle at the time of the accident and he replied that he was.
He then said 'Do you know who I am?' I replied 'No.' I asked if he had alcohol and he said 'yes a bottle of wine.' He said 'I'm Anthony Nash.' Like I should known him.'
Garda Byrne said that at 9.35pm she arrested Mr Nash of Barterswood, Tower in Blarney, Co Cork on suspicion of drink driving having formed the opinion that he was intoxicated.
She said at that point he became visibly upset and stated 'My life is ruined.' He told the garda that he needed to drive for his job and that his girlfriend would be unhappy with him. He was asked to produce his drivers licence which he did. Garda Byrne said that his insurance details were also in order.
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Mr Nash was brought to Gurranabraher Garda Station in the patrol car. Garda Byrne said that she contacted a doctor to explain that a man was in custody and that they required a doctor. Mr Nash had his rights read out to him.
The doctor attended at the station and Mr Nash was asked if he wanted to give a sample of blood or urine.
He opted to provide urine but was unable to do so. He then complied to a direction to give a sample of his blood which.
The allegation in the summons was that Mr Nash had 236 milligrams of alcohol per 100 millilitres of blood. The exceeds the limit of 50 milligrams of alcohol per 100 millilitres of blood. The alleged offence is contrary to the Road Traffic Act 2010.
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Garda Byrne said that Mr Nash's car was protruding on to the road blocking a lane of traffic. She described the road as being a 'busy thoroughfare.'
She said whilst she did not witness the accident she surmised that the car had hit a residential boundary wall, crossing over the other side of the road and in to the ditch.
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 accident.
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.'
Defence counsel Paula McCarthy said that her client had fully complied with gardai. She said that he had been unable to provide a urine sample 'through no fault of his own.'
She told Judge Philip O'Leary that whilst Garda Byrne received a call about the incident at 9.15pm there was no evidence as to the the time of driving.
Ms McCarthy applied for the case to be dismissed on the grounds that there was absence of evidence on the time of the driving or the fact of the driving.
For a case of this type to succeed there must be evidence that the driving occurred within three hours of a test for alcohol being carried out.
Judge O'Leary said that the 'excellent' evidence of Garda Byrne was 'cogent and precise.' He stated that there was a lot that could be assumed and presumed.
'But this court does not work on the basis of assumptions. While it is deeply suspicious, this court does not convict on the basis of suspicion.'
He said that as there was no evidence of the time of driving he had no option but to dismiss the case against Mr Nash. Mr Nash was present in court. However, he was not required to speak during the hearing.
In Ireland you commit an offence if an alcohol test taken within three hours of driving finds that you have above 50 milligrams (or 20 milligrams for learner or novice drivers) of alcohol in 100 millilitres of blood.
Mr Nash began his career at club level with Kanturk. He joined the Cork Senior team in 2005 and eventually succeeded Donal Og Cusack as first choice goalkeeper.
He was part of the Munster championship winning team on four occasions and was an All Ireland Championship runner up twice. Mr Nash retired from inter county hurling in 2020.
Mr Nash won back to back All Star awards in 2012 and 2013 and was nominated for hurler of the year in 2013. He was part of the Cork panel for 15 seasons.
Nash then moved in to coaching with the under twenties in Cork and at South Liberties in Limerick. He had played for the Limerick club from 2021 to 2022.
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