Letter to Minister `could not be left hanging'

 

A claim by the father of a man who died in a road accident that he had personally contacted the Minister for Justice about the matter "could not be left hanging in mid-air", a High Court judge said yesterday.

The comment was made during an application by Ms Linda Eviston, of Gortreagh, Fossa, Killarney, Co Kerry, for an order restraining the DPP from taking further steps to prosecute her for dangerous driving causing the death of Mr Anthony Moynihan jnr of Coalpits, Cullen, Mallow, Co Cork.

Ms Eviston claimed her solicitor was told by gardai at Millstreet, Co Cork, in December 1998 that it had been decided not to prosecute her.

The court was told a letter was written by Mr Moynihan's father to the DPP on December 16th, 1998, in which he said his family was devastated by the DPP's decision not to prosecute. It had added: "I have personally contacted Minister John O'Donoghue in relation to this matter in the hope that he can use his good office to assist us in this most distressing matter."

It was alleged that this letter was received in the DPP's office on December 17th, 1998, and that gardai applied for the issue of summonses against Ms Eviston on December 23rd, 1998.

Mr Justice Kearns said he was adjourning the hearing until January 12th.