Accused: I was in a horse-drawn vehicle, not a car

A man accused of dangerous driving of a motorised vehicle with a registration number applied to have the charge struck out yesterday on the basis that he was in a horse-drawn vehicle at the time.

Christy O’Donoghue, aged 29, of 1 Castlejane Court, Glanmire, Co Cork, was before Cork District Court yesterday on a charge of dangerous driving of a car in the Blarney area on the date of an infamous sulky race on a dual carriageway.

Judge Olann Kelleher, who previously dealt with several other defendants facing charges arising out of the same incident, remarked yesterday that he thought all of the pending cases had been finalised.

However, the charge faced by Mr O’Donoghue emerged in court yesterday. Michael Quinlan, defence solicitor, said this was the seventh time Mr O’Donoghue’s case had been listed in court, including three times when it was listed for hearing.

Insp Michael McGuire said that his application was to change the summons to read, “did drive a horse-drawn vehicle”, rather than a motor vehicle with a specified registration.

Mr Quinlan submitted: “That is changing the summons totally. This application could have been made back in March. He [the accused] is here to meet the case of driving a vehicle with a registration number.”

Insp McGuire said: “He is fully aware that on that date he was on a horse-drawn vehicle. It was outlined clearly in the statements [supplied to the defence].”

Mr Quinlan said it was a lot more than a typographical error. The solicitor said the case they were preparing to meet was always on the basis that he had been accused of driving the motorised vehicle. The inspector rang the solicitor’s office yesterday about the matter.

Judge Kelleher suggested that the solicitors must have been aware of the error by the prosecution and he said: “Ye were waiting in the long grass.”

Mr Quinlan replied: “Of course we were.”

Judge Kelleher said: “I think it is a fundamental change in the summons. I have to hold with Mr Quinlan.”

The judge agreed to hold on the finalising of his decision for a week on the application of Insp McGuire, who said: “I accept your view that it is a fundamental change.”

Even if the dangerous driving charge is struck out next week, Mr O’Donoghue will still face a charge of causing an obstruction by holding a sulky race on the road.

The race on Feb 5, 2012, became something of a sensation when footage of it appeared on YouTube.