A man has failed to convince an appeal court that his conviction for “egregious” driving on the M50 was a case of mistaken identity and will be jailed for five months.
A garda told the District Court Appeals Court that during a pursuit, Freddie Hegarty (24) drove a BMW through a red light, accelerated hard cutting off road users and weaved in and out of traffic on the M50, getting dangerously close to other road users.
Hegarty, with an address in Rathkeale, Co Limerick, was convicted in the District Court of four counts of dangerous driving contrary to section 53(1) of the Road Traffic Act, 1961 at addresses at James Connolly Hospital entry road, the N3 roundabout at Blanchardstown and Junction 3 and 6 on the M50.
He was sentenced to five months imprisonment for the first count, along with a ten-year driving disqualification and a €1,000 fine.
On the second count he received a five-month sentence with three months suspended. The other two dangerous driving counts were taken into consideration along with convictions for driving without a licence or insurance.
He later lodged an appeal against his conviction.
Garda David Jordan previously told the District Court Appeals Court that on February 9, 2023, he was on mobile patrol on the M50 at about 12.15pm when he observed a white BMW driving at high speed, faster than the flow of the traffic on the road.
He said that he saw the car overtaking at high speed, weaving in and out between cars and accelerating hard.
The witness said that the car drove dangerously close behind other vehicles. He said that he saw the registration of the car and notified colleagues on the radio that there was a vehicle driving dangerously.
Garda Jordan said that during the pursuit, which lasted for about 10 to 15 minutes, the car accelerated hard, veering left and right and cutting off road users.
He said that the car went through a red light and eventually proceeded to Connolly Memorial Hospital, coming up to a roundabout.
Garda Jordan said that at this stage he could briefly see the driver, who appeared to be a tall, red headed man with a red logo on his top.
He said that the garda vehicle lost sight of the car after this.
Garda Jordan said that he got a report of a sighting and went to Liffey Valley Shopping Centre, where the gardai searched the area and found the car with the same registration number in the car park.
He said that he entered the shopping centre, saw the four males and immediately recognised the accused, telling the court that there was “no doubt” in his mind.
He said that he then arrested the man for dangerous driving. He said that he found a BMW key on his person which unlocked the car they had identified.
Defence counsel for Hegarty, Eamon McCarthy, said that he was contesting the case on the basis of mistaken identity and that somebody else was driving the car.
The garda said that when he asked in interview who was driving, Hegarty responded that it was one of the other three passengers, who was a juvenile at the time.
Mr McCarthy said that CCTV footage shown in court showed “less than one second” where the garda could have seen the driver of the car, describing it as a “fleeting glance”.
Regarding the arrest of the suspect, Garda Jordan said that there were “maybe twelve” gardai at the scene in Liffey Valley and they would have “prevented them from running”. He said that he arrived as the males were stopped and questioned.
The driver of the garda vehicle also told the court that he saw the driver and identified his characteristics. He said that he stayed with the BMW when they arrived at Liffey Valley and when the four males returned, he was satisfied identifying the driver.
Mr McCarthy said there was a possibility there could be an error in identification in the “fleeting glimpse” the gardai got of the driver, considering that they did not know each other.
Prosecution counsel said that the gardai were “a hundred per cent” certain that they saw Hegarty driving.
Judge Christopher Callan said that all three males were “happy” to identify the juvenile as the driver, saying: “that’s convenient”. He said that he was satisfied with the identification evidence.
However, the judge said he needed time to consider whether the DPP must prove that Hegarty was lawfully detained at the time of his arrest.
On the second day of the hearing, Judge Callan said that the evidence was admissible under the circumstances that Garda Jordan said he arrived as the males were being apprehended at the centre, that he recognised the accused as the driver and that he was the arresting member.
At this stage, McCarthy said that Hegarty would not go into evidence and began his plea in mitigation.
He said that his client was 21 years old at the time of the incident and has not come to the attention of the gardai since.
He said that Hegarty contested the case on a technical basis and that he didn’t swear that anything was untrue.
Last month, Judge Callan said that this was a very serious incident and it was fortunate that people weren’t hurt, but gardai were put at risk.
He said that Hegarty did not attempt to stop during the chase and continued to break the law and drive dangerously and egregiously in an attempt to get away from the gardai.
He said that he was not inclined to interfere with the orders of the District Court in terms of sanction, but was inclined to modify the bond and reduce the disqualification from ten to six years.
Judge Callan then decided to put a short stay on the defendant going into custody for 30 days.
Hegarty’s matter was finalised by Judge James O’Donoghue on Wednesday, when he was sentenced to five months in custody on the first count, with five months suspended on the second. The disqualification was reduced to six years and the fine of €1,000 remains.