Drink-driving charge dismissed against former Cork All-Star hurler Anthony Nash

Sunday World

13 hours ago

At Cork District Court, Judge Philip O'Leary said there was a lack of evidence
At Cork District Court, Judge Philip O'Leary said there was a lack of evidence as to the precise time of driving involved.
Mr Nash appeared before the court on a charge arising from an alleged incident at Cloghroe, Blarney, Co Cork, on August 9, 2023.
A garda said they arrived at the scene around 9.22pm and saw a Skoda Kodiaq car had mounted a ditch, with the rear of the vehicle protruding onto the roadway.
The former Cork goalkeeper, who was charged with driving under the influence of alcohol, had the case against him dismissed after defence counsel Paula McCarthy BL cited a lack of evidence as to the time of driving.
For any drink-driving prosecution to succeed, there must be proof that the driving took place within the three hours prior to when the alcohol test was performed.
Garda Catherine Byrne said that a grey Skoda Kodiaq car struck a ditch on the side of the road at Cloghroe.
She said that the front of the vehicle had mounted the ditch while the back was protruding onto the road. The left side of the vehicle was extensively damaged.
She arrived at the scene at 9.22pm having received a report from Garda radio control a few minutes earlier.
Garda Byrne told the court a male came from the driver side of the vehicle and he was 'dishevelled and appeared distressed.'
Garda Byrne asked him whether he required an ambulance and medical treatment but he said that he was OK.
She said that the man identified himself as the driver of the vehicle and stated: 'I am drunk.'
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.
'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 (have) 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 UK-based girlfriend would be unhappy with him.
He was asked to produce his driver's licence, which he did. Garda Byrne said his insurance details were also in order.
Mr Nash was brought to Gurranabraher Garda Station in the patrol car.
Garda Byrne said 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 whether he wanted to give a sample of blood or urine. He opted to provide urine but was unable to do so. He then complied with a direction to give a sample of his blood.
The allegation in the summons was that Mr Nash had 236 milligrams of alcohol per 100 millilitres of blood.
This exceeds the limit of 50 milligrams of alcohol per 100 millilitres of blood. The alleged offence is contrary to the Road Traffic Act 2010.
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 that while 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 then into the ditch.
Under cross-examination by Ms McCarthy, Garda Byrne acknowledged she did not witness the accident or have any evidence of a formal statement taken from someone who did see the incident.
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 whether 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 gardaí.
She said he had been unable to provide a urine sample 'through no fault of his own'.
Ms McCarthy told Judge O'Leary that while Garda Byrne received a call about the incident at 9.15pm, there was no evidence as to the precise time of driving.
She 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.
Judge O'Leary said the 'excellent' evidence of Garda Byrne was 'cogent and precise'. He added 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 ruled.
He said that because 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 but was not required to speak during the hearing.
In Ireland, it is 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 Óg 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 having 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.
Mr Nash then moved into coaching with the U-20sin Cork and at South Liberties in Limerick. He played for the Limerick club from 2021 to 2022.