Drink driver carrying kids was first crash on Athy bypass

A man believed responsible for the first crash on the Athy bypass – but who did so while drunk with two children on board, smashing through a roundabout, signage and a fencing – was told he was “very lucky” he wasn’t going to jail, but was still fined €1,500 and banned for two years.

Peter Omoregie (36), The Crescent, Curragh Grange, Newbridge appeared in Athy District Court last week to plead not guilty to two charges of dangerous and driving under the influence.

This was alleged to have occurred at the Gallows Hill roundabout on the new distributor road (N78) on 16 December last at around 10pm, when the gardaí were called to the scene.

“On arrival, I observed significant damage to the roundabout roadside fence, with extensive damage to the vehicle,” said Garda Darren Hogan in evidence.

“There were road signs taken out, and there was damage to a fence of a nearby derelict house,” he added.

 Photos of the scene were handed into Judge Desmond Zaidan. 

“The driver didn’t attempt to move the vehicle?” asked the judge.

“The witness said he did,” stated Garda Hogan.

“He is very lucky to be alive. Have you seen these, Mr Kennelly?” said the judge, waving the crime scene photos towards the defending solicitor.

“I have my own views,” offered Tim Kennelly in reply.

“The driver was present, and admitted he was the driver, unprompted,” said Garda Hogan.

“There was a six-year-old and a four-year-old in the rear seats that were taken away by a family friend, no-one was injured.

“I got a smell of alcohol off him and he stumbled, and Garda (Amanda) Kirwan tested him, and he was arrested.

“He was arrested, taken to Athy Garda Station and returned a sample of 56 micrograms of alcohol per 100 millilitres of breath.

“This was on the new road, only a month or two after it opened,” said Garda Hogan.

“Was this the first accident on the new road?” asked the judge.

“I think so,” said Garda Hogan.

“There would’ve been people coming or going; it was a Saturday evening, but traffic was not backed up … and he co-operated."

Mr Kennelly began his cross-examination saying: “You’d have to give evidence of driving to convict for dangerous driving.”

“If you turned on the telly and saw the ball in the back of the net, you don’t know how it got there,” said the solicitor.

“He told me he was driving,” said Garda Hogan.

“He said he was the driver, and didn’t know what happened,” he added.

“You don’t have a witness of driving and can only give evidence of damage,” said Mr Kennelly.

“With the damage to the car and the roundabout, there had to be an element of speed,” said Garda Hogan.

“You don’t know if that damage was done two days ago. Yours is an intelligent view, but you can’t convict on an intelligent view,” said Mr Kennelly.

“There is no doubt there is evidence of actual driving, but both the state and the defence have conceded the driving can be inferred,” said the judge. “I’m satisfied a prima facie case has been answered and I am not willing to give the benefit of the doubt to the defendant,” he said. “Why should I not send him to jail? There were two children in the back of that car and they could’ve suffered internal bleeding and died in their sleep overnight.

“You should’ve rang an ambulance for those kids, not a friend,” said the judge.

Mr Kennelly pleaded not to incarcerate, but the judge replied: “I’d rather see him lose his liberty rather than his life”.

“In fairness, the points raised (by the defence) are not frivolous and have been argued all the way to the Supreme Court,” said the judge.

“You’re a very lucky man you’re not in a wheelchair, or six feet below. You’re lucky your solicitor kept you from jail,” the judge finally decided, after he was assured Mr Omoregie had no previous convictions. He fined him €1,000 for the dangerous driving, a further €500 for the drink-driving and attached a two-year driving ban with each conviction, although ordered they run concurrently.