Traditional musician Sharon Shannon's appeal against a drink-driving conviction was upheld yesterday, after it emerged at Galway Circuit Court that the summons served on her for the offence was invalid because it had been issued a day too late.
Ms Shannon, of Devon Gardens, Salthill, Galway, had been convicted of drink driving at Galway District Court last February.
She had contested the charge in the District Court, saying she had not been driving her car when it crashed into a parked car at Taylor's Hill, Galway, on September 26th, 2001, at 6.30 a.m. Her friend, Mr Leo Healy, told the court he had been driving.
A breath sample taken from her later at Galway Garda station following her arrest showed a reading of 99 microgrammes of alcohol per 100 millilitres of breath, almost three times over the legal limit.
In the District Court, Judge Mary Fahy said Ms Shannon and her friends had told blatant and outright lies to the court before convicting and fining her €800, and disqualifying her from driving for two years.
Ms Shannon was successful in her appeal against the conviction yesterday when it emerged the summons had been served on her the day after the six-month expiry date for the issuing of a summons.
State solicitor Mr William Kennedy said the State would be offering no evidence in the matter. He said the case had attained a certain amount of notoriety but the summons, bearing in mind a more recent Circuit Court decision, had been issued "out of time".
Mr Kennedy said the alleged offence occurred on September 26th, 2001, and there was an obligation for the summons to be issued, or at least a complaint to be made, within six calendar months of the alleged offence.
"With the date of the alleged offence to be taken into account, the last date for the issuing of the summons or the making of a complaint was March 25th, 2002. The summons in this case didn't issue until March 26th. The complaint was simply not made in time," he said.
Judge Harvey Kenny said he was allowing the appeal. "I seem to remember severe quantities of alcohol were involved and it's no credit . . ." the judge said, before being interrupted by Mr Alan Kearney, barrister, for Ms Shannon.
"We were going to fight this case on the basis Ms Shannon was not driving and I don't think you should say another word judge," Mr Kearney said.
Later Ms Shannon stated: "I am delighted with today's decision by the court to grant my appeal. It has been a very stressful time for me personally and for all my friends involved with this case, and it is a welcome relief that it has now come to a satisfactory end. While I did not get the opportunity today to state my case, I would like to point out that I was telling the truth when I told the court I was not driving the car at the time of the accident.
"It is important for me to restore my personal integrity and character in the eyes of the public. I want people to know that I hold the truth in the highest regard.
"I now want to put this unfortunate incident behind me and get on with my life and my music."