Driver cleared of running over man’s foot at road bowling game
Seán O’Leary, 73, was at the score of bowls in Whitechurch, Co Cork, on April 25, 2012, when he said a car going through the crowd rolled over his right foot, causing him to fall forward and have the wing mirror clip his shoulder.
He said he shouted in pain and people shouted at the motorist to get her to stop but she drove on.
Rosaline, O’Leary, aged 51, of Boula House, Boula Beg, Whitechurch, pleaded not guilty to a charge of driving without due car and attention and failing to remain at the scene having injured Mr O’Leary.
Ms O’Leary said she had a lot of respect for road bowlers having grown up in West Cork and was also used to bowling matches being held on the roads around Whitechurch.
The prosecution evidence was that she did not stop that evening. Ms O’Leary said: “They were in the middle of the road, the side of the road, they were all over the road. I just had to stop.”
She told her solicitor, Jack Purcell, an elderly man appeared to stumble at one stage and fall against her stationary car, striking the wing mirror.
Insp Michael McGuire asked her why she did not stop.
“I was stopped,” Ms O’Leary replied. She said the only reason she drove on was because people in the crowd beckoned her on and she said if she thought she had rolled over a man’s foot, she would have stopped.
Mr Purcell said there huge inconsistencies in the evidence and the charges should be dismissed.
Judge Olann Kelleher said that there was a doubt over whether Ms O’Leary was guilty of driving without due care and attention.
Clearing her of both charges, the judge added: “I will leave the matter to civil remedy.”
Mr O’Leary said he had five sessions of physiotherapy on it afterwards.
Witness Gerard Nolan said the car came through the crowd fairly quickly, maybe 15mph-20mph.
Mr Purcell asked Mr Nolan why others in the crowd did not signal for her to stop if it was that serious, and Mr Nolan replied: “What were we going to do, jump on top of the car? There was a lady driving the car.”
