A young man who died after he was crushed by a car driven by an off-duty garda on his way home from a night out was lying on the road intoxicated when he was run over, an inquest heard yesterday.
After a hearing lasting more than four hours the jury returned a verdict of death by misadventure and recommended the reduction of the blood alcohol limit to zero for all drivers.
Derek O'Toole (24), Shancastle Drive, Clondalkin, Dublin, died of crush injuries to his head and chest in the early hours of March 4th after he was driven over by a car driven by off-duty garda Damien Carey (27), of Blanchardstown Garda station, Dublin County Coroner's Court heard.
Garda Carey had also been drinking over the course of the evening, celebrating a colleague's 30th birthday. Giving evidence. he said he had consumed three pints of Guinness and just under two bottles of Corona lager.
He said as the ambulance left the scene he rang 999. But while he was on the phone gardaí arrived. He said he was arrested on suspicion of drink-driving and was taken to Harcourt Terrace Garda station and processed in accordance with drink-driving legislation. The reading was 31mg of alcohol per 100ml of breath at the time of the incident, the court heard. This was just within the legal limit, which is 35mg per 100ml of breath.
Counsel for the family, Eoghan Cole, asked why Garda Carey was brought to Harcourt Terrace. Counsel for Garda Carey, Martin FitzGerald, said this was not a matter for the inquest.
State Pathologist Prof Marie Cassidy told the inquest that Mr O'Toole's injuries were consistent with run-over type injuries and that it was "highly unlikely" that he was struck by more than one vehicle.
"Mr O'Toole's injuries were consistent with the wheels of the vehicle going across the body. One wheel definitely went over his head, but I can't exclude (the possibility) that two wheels went over him," said Dr Cassidy.
"He was intoxicated by alcohol and may have been unsteady and could have fallen and while he was lying on the ground he was run over by a vehicle. It's an internationally recognised phenomenon, where a young male who is intoxicated lies on a road and is run over," she said.
Mr O'Toole had "fairly high" levels of alcohol in his blood at the time of his death. He had consumed about seven pints and three shots on his night out.
The incident occurred at approximately 4.30am on the main street of Lucan village when Garda Carey was driving his girlfriend, Garda Deirdre Foley, Garda Conor Kiely and his wife Garda Karen Ryan home after a birthday celebration in Clonee.
Garda Carey, who was driving a silver Volkswagen Passat, told the court that the four friends left the party at Littlepace, Clonee, at about 4.20am and he decided to drive because they could not get a taxi.
Garda Carey was travelling at about 30mph and had taken the first exit at a roundabout at the Ulster Bank when, "this thing appeared out of nowhere, which appeared to be a black bag. It didn't look like a body. As soon as I saw it, I swerved the car to the right. I stopped two car lengths from the object. I knew I had run over something - to me it was like going over a bottle," he said.
When Garda Carey reversed his car, he realised it was a body. "At that stage I kind of froze," he told the court.
All three passengers described feeling the car roll over something, which they initially believed to be cat or dog. "I felt a slight bump, a very slight bump, and I didn't think it was anything," Ms Foley told the inquest.
Two friends who were out drinking with Mr O'Toole on the night he died, Christopher Brennan and Alan Coyle, told the inquest that Mr O'Toole was drunk. Mr O'Toole left for home in a taxi at 4.10am with a girl the three knew, Ruth Duroloyte.
The taxi dropped Ms Duroloyte at her home in the Old Rectory in Lucan but refused to take Mr O'Toole any further.
Mr Coyle told the inquest Mr O'Toole had a history of falling over when he was drunk and the two were in the habit of accompanying Mr O'Toole home after he had been out drinking to make sure he got home safely.