A disqualified driver who waved at Gardai as he drove through a Garda checkpoint during a pursuit on Christmas Day has been jailed for almost three years.
John Martin Ward was serving a 20 year driving ban when he led Gardai on a high-speed pursuit around Bundoran in Co Donegal on December 25th, 2022.
Ward, 43, appeared at Donegal Circuit Court where he pleaded guilty to two separate charges.
Garda Sergeant Oliver Devaney outlined the bizarre series of events which saw Ward travel around roundabout in the wrong direction before turning back and facing Gardai coming in the opposite direction.
Evidence was also given that on two occasions, Ward did ‘u turns’ on the road when speeding away from Gardai and swerved towards them when coming back in their direction.
Gardai were also forced to swerve their vehicles to avoid Ward who was traveling towards them in his Toyota Avensis car.
Pursuing officers eventually decided to stop the pursuit in the interest of public safety.
Ward, of Cuirt Cora, Tuam, Co Galway and also Armanda Cottages in Bundoran, pleaded guilty to both a charge of endangerment and also dangerous driving.
The endangerment charge is contrary to Section 13 of the Non-Fatal Offences Against the Person Act, 1997.
The accused man already has a total of 142 previous convictions including 31 public order offences, 7 for assault, 9 for criminal damage, 13 for not having car insurance, 4 for dangerous driving and 6 for drunk driving.
He is charged that he intentionally or recklessly engaged in conduct, to wit drove in a manner that included swerving towards the official patrol car being driven by Garda Ronan Gallagher with full lights activated and while driving at speed, which created a substantial risk of death or serious harm to another.
He was also charged and pleaded guilty to dangerous driving on the same occasion.
He is charged that at Ardfarna, Bundoran, he did drive a mechanically propelled vehicle in a manner (including speed), which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually was or might reasonably be expected then to be therein) was dangerous to the public or was likely to be dangerous to the public.
The court was also told that Ward did not have insurance or a license at the time as he was serving a 20 year ban which began in 2011 from a previous conviction.
Prosecution barrister, Ms Fiona Crawford, said Ward had been in custody on these charges since January 9th, 2023.
The accused man’s barrister, Mr Colm Smyth, said that drink was simply not his client’s best friend and gets him into a lot of bother.
He had grown up in Ballyshannon but had moved to Galway fifteen years ago and was now trying to turn his life around in prison.
A letter of apology read out on Ward’s behalf and written by his cellmate in prison said that drink had taken over his life and that he had no control over it.
However, now that he was in prison he was doing everything he could and wanted to rejoin his wife and children who were waiting for him when he got out of prison.
He added that he was very sorry for his actions saying he was a different man, that he attends all his AA meeting and that he wanted to lead a sober and productive life.
The court was also told that Ward was the eldest of a family of 12 children whose father had walked out on them when Ward was just 13 years old.
The court was also told that Ward is due for release on previous charges on July 3rd, 2025.
His barrister, Mr Smyth, suggested to Ward that he could just walk out of prison and offend again and asked how likely was this to happen again?
Ward replied “Since going to prison, I can’t be doing this anymore. I’ve lost my wife and kids, I’m not able for no more of it. I just want no more of it.
“I’m asking the Judge to give me a chance. I’m a changed man and I’m willing to do whatever the Judge wants me to do.”
Having taken some time to review a previous probation report on Ward, Judge John Aylmer deliver his sentence.
Judge Aylmer said “He is before the court yet again on a plea of guilty for endangerment of a member of An Garda Siochána through the reckless driving of a motorcar while highly intoxicated.
The Judge said he deemed the endangerment offence to be in the mid-range and applied a starting point for sentencing of four years imprisonment before considering mitigation. Judge Aylmer said the dangerous driving incident was “on the very upper end of the scale” and merited a starting point of the maximum possible sentence of six months in prison,
“You have a pretty appalling record.”
He said much of Ward’s offending was related to his severe alcoholism.
Ward has previous convictions for the assault of a police officer and also has a previous conviction to what the Judge said was a very similar charge of endangerment.
“It was apparent to me on those occasions and it is apparent to me on this occasion that you have a great record of compliance with services when you are in custody, but you have grave difficulty staying sober when released.”
However, Judge Aylmer said he was “very impressed” with a letter from the resettlement service at Castlerea Prison, who noted the manner in which Ward was engaging in rehabilitation at the moment.
A report said it would be “very unfortunate” if Ward’s current prison sentence were extended, offering the opinion that this could hinder “positive momentum” built during his incarceration.
While Judge Aylmer said he was impressed by Ward’s genuine desire to deal with alcohol and to rid alcohol from his life, he said he had doubts if he would ever be successful.
“I will remember you again. I can tell you, if you are ever before me again…there is no chance I will ever forget you. This is the last time I will ever give you a chance. I am not a fool and it will be your last chance as far as this court is concerned.”
He sentenced Ward to a total of two years and eight months in prison.
The sentence is to be backdated to February 2024 when he went into custody on other charges.
The balance of the sentence will be suspended from Ward’s release date from the other sentence in July 2025. Essentially, Ward is being allowed to serve the sentence concurrently with other sentences he is already serving.
He is to enter a bond before the prison governor to keep the peace and be of good behaviour for 12 months after his release and abstain completely from alcohol during that period.
Upon his release, Ward will go under the supervision of the Probation Service. He was ordered to comply with all directions of the Probation Service, including attendance at such in-patient treatment programmes that are made available and to engage with after care support.
“Consider it your last chance,” warned Judge Aylmer.