The former Cork hurler Anthony Nash, who was charged with driving under the influence of alcohol, had the case against him dismissed on Monday after his barrister cited a lack of evidence as to the time of driving.
Cork District Court heard how the two-time All Star goalkeeper asked a garda “Do you know who I am?” when he was arrested on suspicion of drink-driving after his car was found in a ditch with the back of the vehicle protruding on to the road.
Mr Nash (40), of Barterswood in Tower, Blarney, Co Cork, also told the garda “I’m drunk” when she approached him on August 9th, 2023, the court heard.
Garda Catherine Byrne told the court a Skoda Kodiaq crashed in to a ditch on the side of the road at Cloghroe, Blarney, Co Cork.
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She arrived at the scene at 9.22pm, having received a report from radio control minutes earlier.
Garda Byrne said a male came from the driver side of the vehicle. She stated he was “dishevelled and appeared distressed”.
She said he identified himself as the driver and he stated “I’m drunk.”
She asked him if he was driving the vehicle at the time of the accident and he replied he was.
“He then said, ‘Do you know who I am?’. I replied ‘No’. I asked if he had alcohol and he said, ‘Yes, a bottle of wine’. He said, ‘I’m Anthony Nash’,” Gda Byrne said.
Mr Nash was arrested on suspicion of drink-driving at 9.35pm.
She said at that point he became visibly upset and stated: “My life is ruined.”
Mr Nash was taken to Gurranabraher Garda station in the patrol car.
He was asked if he wanted to give a sample of blood or urine. He opted to provide urine, but was unable to do so. He then complied to a direction to give a blood sample.
The allegation in the summons was that Mr Nash had 236 milligrams of alcohol per 100 millilitres of blood. That exceeds the limit of 50 milligrams of alcohol per 100 millilitres of blood.
Paula McCarthy, defending, said her client had fully complied with gardaí and had been unable to provide a urine sample “through no fault of his own”.
She told Judge Philip O’Leary that while Gda Byrne received a call about the incident at 9.15pm there was no evidence as to the time of driving.
Ms McCarthy applied for the case to be dismissed on the grounds that there was absence of evidence on the time of the driving or the fact of the driving.
For a case of this type to succeed there must be evidence the driving occurred within three hours of a test for alcohol being carried out.
The judge said as there was no evidence of the time of driving he had no option but to dismiss the case.
