Drink driving prosecution against former Cork hurling star dismissed

Former Cork hurling goalkeeper and All-Star Anthony Nash was arrested at the scene of a car crash near Blarney where he told a garda, “I’m drunk” and asked her, “Do you know who I am?” 

That was after nine o’clock at night in August 2023 and today at Cork District Court the drink driving prosecution against him was dismissed.

Once the prosecution closed its case, defence barrister Paula McCarthy, instructed by solicitor Eddie Burke, asked for the case to be dismissed on two grounds, firstly in relation to evidence of the fact of driving, and secondly, the time of driving. 

She submitted that both were constituent elements to ground a successful drink driving prosecution and that they were absent in this case.

Judge Philip O’Leary asked her to address in detail the issue about the time of driving. For a prosecution to succeed there must be proof that the driving occurred within three hours of gardaí testing for alcohol. 

'NO EVIDENCE OF THE TIME OF DRIVING'

Following the submission, Judge O’Leary concluded, “I have no evidence of the time of driving.” 

Judge O’Leary said, “The evidence of Garda Catherine Byrne was excellent. She was very careful. She was very considerate to the defendant as to his wellbeing.

“There are a lot of things I could assume and presume but this court does not work on the basis of assumptions. While it is deeply suspicious, this court does not convict on the basis of suspicion. I dismiss on the evidence.” 

The charge related to an allegation of driving under the influence of alcohol on August 9, 2023, at Cloghroe, Blarney, County Cork. 

The allegation contained in the summons was of having 236 milligrams of alcohol per 100 millilitres of blood - exceeding the limit of 50 milligrams of alcohol per 100 millilitres of blood, contrary to the Road Traffic Act 2010.

The 40-year-old from Barterswood, Tower, Blarney, County Cork, was an inter-county hurler for 15 years and was twice named an All-Star before his retirement in 2020.

Garda Byrne testified that in response to a call, she and her colleague in a Gurranabraher patrol car went to Cloghroe, Blarney, County Cork, just after 9.15 p.m. on the night of August 9 2023.

“It is a busy main thoroughfare. The car was coming from Dripsey to Blarney. It had passed the Wayside Inn, close to the church,” Garda Byrne said.

The Skoda Kodiaq was seen stuck in a ditch. While Garda Byrne did not witness the accident she surmised that it had struck a residential boundary wall and gone across to the other side of the road into the ditch. The left side of the vehicle was extensively damaged.

“I approached the vehicle at the driver’s side. A male came out from the driver’s side. This male appeared to be dishevelled. I asked did he require an ambulance. He said he was OK. He identified himself to me as the driver of the vehicle, stating to me, ‘I’m’ drunk’. (Then cautioned) he said, ‘Do you know who I am?” 

Garda Byrne said she did not know him and that he then said, “I am Anthony Nash”, and the witness added, “Like I should know him.” 

She said he was upset, saying his life was ruined, that he needed to drive for work and that his girlfriend in London would not approve as she did not drink.

Cross-examining Garda Byrne, Paula McCarthy barrister put it to her that she did not witness the accident or take any formal statement from anyone who did. Garda Byrne agreed that this was so.

Garda Brian Ramsey spoke to the defendant that night at Gurranabraher garda station where his blood sample was taken at a minute past ten. Asked at that time if he had consumed alcohol, he replied, “A bottle of wine two hours ago.”