Tensions were high in Enniskillen Courthouse on Monday as claims of lies and false allegations were put to both the defendant and the injured party involved in a contest.
Zacch Donagho (24), of Lurganboy Park, Newtownbutler was contesting seven charges put against him in relation to an incident which occurred in the early hours of Christmas Day, 2017 on the Clonfad Road, Newtownbutler.
The injured party in the incident, Nathan Curran, gave evidence in court saying that he had been out with his cousin and Donagho on Christmas Eve in Clones.
He said he knew the defendant through his cousin and had met him a handful of times.
After leaving Clones, Mr. Curran said he was a passenger in an Audi A4 which Donagho was driving and as they were coming to a bend in the Clondfad Road the car hit black ice and spun out of control turning 360 degrees before ploughing through a hedge and into a field.
He said he remembered looking at the speed clock and it was at 90mph before impact and that he had told Donagho to slow down as the car was about to lose control.
Mr. Curran said the next thing he remembered was waking up inside the car screaming before he was taken to Donagho's mother's house by his cousin.
He said he did not know why he was there as he required medical attention and Donagho's mother was telling the two boys who had brought him there to bring him to hospital.
Mr. Curran was eventually taken to hospital in Cavan and was transferred to Drogheda where he said he spent six days in hospital. Mr. Curran suffered fractures to his neck back and sternum.
Cross-examining Mr. Curran, Donagho's barrister, Ciaran Roddy, queried how in two previous statements Mr. Curran never mentioned the speed the defendant was driving at but was able to remember later in court.
He also questioned why Mr. Curran had told doctors that he had been ejected from the car when this was not the case. Mr. Curran told the court that his cousin and Donagho had said that and that he was disorientated at the time but when he saw the pictures of the car he realised he was not ejected and he that he always wore his seatbelt.
Mr. Roddy put it to Mr. Curran a number of times that he was lying and that he was giving evidence in court because if he did not he would not receive a compensation pay-out for his injuries. He said Donagho was nowhere near him on that night.
Mr. Curran was adamant this was not the case saying Donagho was driving at an "excessive speed" and that he was holding on to what he called the "Jesus handle" and in reply to one accusation he told Mr. Roddy he was "full of shit".
A police officer who reported to the scene of the crash told the court the car was badly damaged and he was surprised that there was nobody in the car when they arrived on the scene.
Donagho took the stand and told the court that he was at his mother's house all evening from around five or six o'clock helping her get ready for Santa Claus.
The prosecution question Donagho's demeanour and asked how he was not angry at being accused of crashing a car and causing serious injury if he had nothing to do it with.
The 24 year old said it was a joke and said none of it was true.
The court heard that during interview Donagho gave an a no comment interview, which he said he was advised to do so by his solicitor.
The prosecution said Donagho had crashed the car driving at 90mph but did not want to bring Mr. Curran to hospital as he had no insurance.
In relation to the Audi A4, Donagho admitted that he had bought it but only had it for about a day before selling it on, however he did not have the detail of whom he sold it to.
Donagho's mother also gave evidence on his behalf saying her son was with her on the night in question and that Mr. Curran had never been at her house however the prosecution claimed she was lying to protect her son.
In their closing statements, the prosecution said this was a rare case of "two polar opposites" where neither side had any agreement.
They said there was no disputing the accident happened and Mr. Curran had been seriously injured.
Mr. Roddy called into question Mr. Curran's reliability as a witness in his closing statement saying he had lied more than once over factors and had not been straightforward or truthful with his account.
In giving his findings, District Judge Steven Keown said it was difficult to know where to begin and described it as an "outrageous case".
He said the lies told by Donagho and his mother in court were also outrageous and said only but for the "grace of God" the defendant's behaviour on December 25, 2017 could have resulted in death.
Judge Keown was satisfied that Donagho's driving fell below the standard required and convicted him of GBI by careless driving, using a motor vehicle without insurance, having no driving licence, and failing to report an injury accident.
Three other charges were dismissed.
Adjourning sentencing until March 15 for a pre sentence report, Judge Keown told Donagho his liberty was at risk.
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