A Donegal Judge has refused jurisdiction in the case of a Castlefin woman charged in relation to a serious road traffic collision.
Geraldine Havlin appeared before Falcarragh District Court in connection with the two-car collision, which occurred at Fanmore, Falcarragh on July 13, 2023.
The Court heard that a 10-year-old girl sustained serious injuries in the incident and, after hearing the nature of the injuries, Judge Éiteáin Cunningham refused jurisdiction.
The case of Havlin, a 58-year-old, of Dungorman, Castlefin, will now go to the Director of Public Prosecutions (DPP) for directions.
Havlin was charged that she did drive a vehicle without due care and attention thereby causing serious bodily harm to another person. The charge is contrary to section 52 (1) and 52 (2) (a) of the Road Traffic Act, 1961 as substituted by section 4 of the Road Traffic (No 2) Act 2011.
Garda Liam O’Riordan told the court that the driver of the other car sustained a broken collar bone, while the child, a passenger in the second vehicle, initially suffered a broken wrist and internal bleeding.
The girl was released that night but two days later was readmitted to hospital having felt unwell. She was diagnosed with a hematoma, caused by the seatbelt of the vehicle arising from the collision.
The court heard that the girl underwent skin graft and had in excess of 30 operations.
“She has put in a tough year,” Garda O’Riordan said.
Medical reports from two hospitals were shown to Judge Cunningham.
“I am sorry, the matter is too serious to be dealt with by this court,” Judge Cunningham said in refusing jurisdiction.
The matter was adjourned until May 21, 2025 for directions from the DPP.
The defendant was represented by solicitor Ms Catherine Boner. Ms Bonner said her client was also badly injured in the incident. The court was informed that the accused woman suffered a broken sternum in the incident.
Judge Cunningham said: “I am not determining liability. Given what was opened to me and the facts outlined, I do not consider it a minor offence and I am obliged to refuse jurisdiction.”