A NEWTOWNBUTLER man has been convicted of causing grievous bodily injury (GBI) by careless driving in what a judge has called a “callous” and “outrageous” case.
Zacch Donagho (24) of Lurganboy Park, Lurganboy, appeared at Enniskillen Magistrates Court on Monday where he contested charges of causing GBI by careless driving, using a car without insurance, having no licence, and failing to report an accident.
The charges related to an incident in the early hours of Christmas morning in 2017, when a car was found crashed through a hedge into a field and hitting a silage bale near Newtown.
The victim said he had been in Clones with his cousin and Donagho, who he said he knew through his cousin, on Christmas Eve where they had a couple of drinks in a local pub.
While driving towards Newtownbulter in a white Audi A4 the man said he noticed Donagho was driving at between 80-90mph shortly before they crashed. He said the next thing he remembered was waking up in the field screaming.
The man said it had been Donagho’s mother who encouraged them to bring him to hospital. He was brought first to Cavan General Hospital before being transferred to Drogheda where he spent six days.
Defence barrister Ciaran Roddy put it to the man that he was making the story up to compensation, which he angrily denied.
In his evidence, Donagho denied driving and said he had been at home with his family all night, helping his mother prepare for Santa’s arrival. When it was put to him that the car was registered to him, he said he had just sold it.
Donagho’s mother gave evidence to the court that he had been home with her all night.
After spending some time deliberating his verdict, District Judge Steven Keown noted the victim had suffered life threatening injuries and said Donagho had “callously” brought the man to his home where his mother convinced him to take him to hospital.
Judge Keown said Donagho had offered no proof he had sold his car, had given police a no comment interview at the time, and had expressed no outrage over being falsely accused of driving.
Stating it was “an outrageous case”, both in what had happened and in how both the defendant and his mother had given what he believed to be false evidence to the court, Judge Keown convicted Donagho of the charges.
The case was adjourned until March 15 for a pre-sentence report, and Judge Keown said he was not ruling out a custodial sentence.
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