Andrew Carey
A MINOR road traffic collision is said to have sparked the reason why a County Limerick man slashed the driver of a car in the neck causing him serious injury almost 13 years ago.
The evidence was heard as the trial of Fedamore man, 33-year-old Alan Boohan opened at Limerick Circuit Criminal Court.
Boohan, of Glenogra, Fedamore, denied the charge of assault causing serious harm to Eoghan O’Callaghan of Enaghroe, Fedamore, County Limerick on the night of September 23, 2001.
Prosecution counsel for the State, John O’Sullivan, told the jury of nine men and three women, that the incident arose when Boohan asked the victim to drive his car home from Bulgaden castle after they had attended a 21st birthday party.
The jury heard that the two, who were in the company of others were waiting for a taxi outside the Bulgaden Castle night club.
Boohan asked O’Callaghan to drive his car home on the night in question because the accused man had too much alcohol consumed.
The court heard from Mr O’Callaghan who said that he had “five or six pints” on the night but agreed to drive the car.
Reference was made to a “minor road traffic accident” where Mr O’Callaghan reversed into a parked car in Fedamore after he missed a turn.
However, the court heard that there was damage costing in the region €2,500 to the car.
Afterwards, O’Callaghan said that he felt something in the neck and that they drove less than half a mile to the hurling field when they all got out of the car bar Alan Boohan who was sitting in the back seat.
The court heard that Boohan then took the driver seat and left in the direction of Fedamore.
One of the girls with O’Callaghan said that she noticed a lot of blood coming from a wound on the right side of his neck.
The victim then said that he “was losing a lot of blood” and friends brought him to the emergency department at the former Mid Western Regional Hospital.
He was taken to surgery and had a total of 37 internal staples applied to suture the wound.
The laceration required six external stitches.
Asked who caused the wound to his neck, O’Callaghan replied “Alan Boohan, the accused man”.
Mr O’Sullivan asked O’Callaghan to show his scar to the jury and the judge.
Under cross examination, Mr O’Callaghan agreed with defence counsel that “may have had more than five or six pints” on the night.
He agreed he was “well over the drink driving limit before embarking on a long journey to Fedamore”.
Mr O’Callaghan said that he was “driving slowly” but accepted that he missed the turn as he didn’t notice it.
Defence counsel Brian McInerney BL asked O’Callaghan if he left his details with the owner of the car he “ploughed in to” and if this was the “start of his hit and run career”.
The court heard O’Callaghan confirm details of his previous convictions including road traffic offences for drink driving, hit and run as well as a conviction in 2006 for dangerous driving causing the death of Jason Nash who was a passenger in the car O’Callaghan was driving while drunk.
O’Callaghan served 27 months of a three year prison sentence that was handed down in 2007 for that offence.
Evidence was also given from the Annmarie Cleary as to her recollection of events on the night of her 21st birthday party.
She told the court that Boohan was not originally invited to the event at Bulgaden Castle but that she remembers him being there.
Ms Cleary’s partner Thomas Nash, gave evidence of meeting O’Callaghan in he early hours of the morning.
He said that he didn’t notice the gash to O’Callaghan’s neck until the alleged victim “turned his head and you could see the flap hanging down over his collar. His neck was wide open.”
The court heard that Mr Ryan brought O’Callaghan to hospital and that on several occasions “you could hear one of the lads roaring at Eoghan to stay awake as he was drifting in and out of consciousness”.
It was not until August 2002 that O’Callaghan made the complaint to gardai, the jury was also told.
One of the females in the car at the time of the alleged assault, Michelle O’Neill gave evidence that she alleged she saw Boohan with “something silvery in his hand” and that he was “up close” to the back of O’Callaghan while he was sitting in the car.
In his closing speech, John O’Sullivan for the prosecution said that he believes the State has proved the case that Boohan caused the injury to Mr O’Callaghan and that the witnesses did not “collude to concoct or learn off a story”.
David Sutton SC, addressed the jury in the defence of Alan Boohan and said that burden of proof remains with the prosecution and in this case they have not meet that beyond reasonable doubt.
“It is simply not the case, this event, happened 13 weeks ago – two weeks after that dreadful event that was 9/11.”
He asked the jury to consider “very carefully” why there was an eight month delay in the complaint being made.
Mr Sutton said that the credibility of the chief witness and alleged victim had to be brought into question because he is a “dangerous driver”.
Addressing the evidence of Michelle O’Neill that was given before the court, Mr Sutton said that Ms O’Neill didn’t see the accused man inflict the injury despite what she says about seeing a “silvery object”. The reason, Mr Sutton said, was that his client Alan Boohan “simply did not inflict the injury”.
The jury are to begin their deliberations later today as evidence in the case has concluded before Judge Carroll Moran.
