Drink-driver found guilty after raising ‘ridiculous’ defence

Drink-driver found guilty after raising ‘ridiculous’ defence

4 July 2018

A DROMARA man has been convicted of drink-driving after a judge described his defence case as “ridiculous”.

Peter O’Hare initially held his hands up to driving the car which ran into a fence on the Rathfriland Road area of Dromara on July 15 last year.

His admission was recorded shortly after the crash by a police officer with a body-worn camera. O’Hare, who appeared drunk, told police he remembered a tyre bursting when he was driving.

However, the 59 year-old gave a ‘no comment’ interview to police the next day and went on plead not guilty to five charges of drink driving, careless driving, failing to stop at an accident, failing to remain at an accident and failing to report.

He later claimed that his nephew, Gary Porter, had been driving the car when it crashed while he was just a passenger.

Giving evidence at a contested hearing at Downpatrick Court on Thursday, O’Hare, of Dree Hill, said there had been a disagreement between himself and a friend in the back of the car on the way back from a pub which may have contributed to the accident.

When challenged about inconsistencies in his account to the court and in his statement to police, O’Hare said he was “mixed up”.

He claimed he wasn’t fit to be interviewed by police the day after the crash. “I was not fit,” he said. “I wasn’t driving.”

Mr Porter also entered the witness box to back up O’Hare’s account. He said he had been happy to drive O’Hare and a friend to the pub that evening and only drank two Cokes.

He said that when the collision occurred he arranged to have the car lifted off the road shortly afterwards and later paid for the damage to the fence. 

District Judge Amanda Brady asked that Mr Porter be reminded of the perjury law before taking the stand. 

A further warning was issued to a third defence witness who then declined to give evidence.

Convicting O’Hare on all five counts, District Judge Amanda Brady imposed an 18-month driving ban and fines totalling £800.

“I think this is the most ridiculous contest I have heard in a long time,” she said.

“In the body-worn footage you are very clearly intoxicated and made admissions that you were driving the car and a tyre burst.”

She added: “This was a total waste of the court’s time.”

Bail was fixed for appeal at Downpatrick Court on Thursday.