Former Cork hurler's drink driving case dismissed by judge

RTÉ News​

a day ago

The 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 9 August 2023.
The former Cork goalkeeper, who was charged with driving under the influence of alcohol, had the case against him dismissed 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 three hours prior to when the alcohol test is performed.
The court heard evidence from Garda Catherine Byrne, who said that a grey Skoda Kodiaq car crashed into a ditch on the side of the road at Cloghroe.
Garda Byrne said the front of the vehicle had mounted the ditch while the back was protruding onto the road.
She arrived at the scene at 9.22pm on 9 August 2023, having received a report from radio control a few minutes earlier.
She said a man came from the driver side of the vehicle, adding he was "dishevelled and appeared distressed".
Ms Byrne asked him if he required an ambulance and he responded that he was "okay".
She said the man identified himself as the driver of the vehicle and added: "I'm drunk."
She said that she immediately cautioned him that anything he said could be used in evidence against him.
'Do you know who I am?'
Garda Byrne said there was a strong smell of alcohol from the driver.
"He was unsteady and his eyes were glazed," she said, adding "I asked the male if he was driving the vehicle at the time of the accident and he replied that he was".
Ms Byrne said the man then asked her "do you know who I am?".
She said she replied 'no" and asked if he had consumed alcohol to which he replied: "Yes a bottle of wine."
The man, she said, then added: "I'm Anthony Nash."
"Like I should known him," she said.
Garda Byrne said that at 9.35pm she arrested Mr Nash of Barter's Wood, Tower, in 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 said: "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 driver's licence which he did. Garda Byrne said that his insurance details were also in order.
Mr Nash was brought to Gurranabraher Garda Station in a patrol car.
Garda Byrne said she contacted a doctor to explain that a man was in custody and that they required a doctor following which the doctor then travelled to the station.
Mr Nash had his rights read out to him.
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.
The allegation in the summons was that Mr Nash had 236mg of alcohol per 100ml of blood, which exceeds the limit of 50mg of alcohol per 100mm of blood.
The alleged offence is contrary to the Road Traffic Act 2010.
Garda Byrne said Mr Nash's car was protruding onto a "busy thoroughfare" and blocking a lane of traffic.
She said that while she did not witness the incident, she surmised that the car had hit a residential boundary wall, crossing over the other side of the road and into the ditch.
Under cross examination by Defence counsel Paula McCarthy, Garda Byrne acknowledged that she did not witness the incident or have any evidence of a formal statement taken from someone who did see the crash.
Garda Brian Ramsay said 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 said her client had fully complied with gardaí, adding that he had been unable to provide a urine sample "through no fault of his own".
She told Judge Philip O'Leary that while Ms Byrne received a call about the incident at 9.15pm, there was no evidence as to the time of driving.
Ms McCarthy applied for the case to be dismissed on the grounds that there was absence of evidence about the time of 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 the "excellent" evidence of Ms Byrne was "cogent and precise".
He said there was a lot that could be assumed and presumed.
"But this court does not work on the basis of assumptions," he said, adding "while it is deeply suspicious, this court does not convict on the basis of suspicion".
Ms O'Leary said that as there was no evidence of the time of driving, the judge 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.
Mr Nash began his career at club level with Kanturk and joined the Cork senior team in 2005.
He eventually succeeded Dónal Óg Cusack as first choice goalkeeper for the county's team.
He was part of the Munster Hurling Championship winning team on four occasions and was an All-Ireland Championship runner up twice.
He won back-to-back All Star awards in 2012 and 2013.
Mr Nash was also nominated for hurler of the year in 2013 and was part of the Cork panel for 15 seasons.
He retired from inter-county hurling in 2020.
Mr Nash then began coaching with the under 20s team in Cork and at South Liberties in Co Limerick, having played for the club from 2021 to 2022.