Driver charged over fatal crash to be sent forward to Donegal circuit court

A man with an address in Austria is to attend court in Donegal so that he can be served with the book of evidence in relation to a collision which resulted in the death of an elderly woman.

Martin Mittmansgruber, 52, of 24A Arnbeg, Wartbeg, Austria 4224 is due to appear at Ballyshannon Circuit Court on Friday, December 5. 

He was previously charged in relation to the collision and was released on bail. He is charged that on August 25, 2024 at Inver Glebe, Inver, he drove a vehicle in a manner which was dangerous and which caused serious bodily harm to another person, namely Elizabeth Cave. The offence is contrary to Section 53(1) and 53(2)(a) (as substituted by Section 4(1) of the Road Traffic (No 2) Act, 2011) of the Road Traffic Act 1961 (as amended by Section 5(k) of the Road Traffic and Roads Act 2023).

Donegal District Court sitting in Ballyshannon on Monday, November 24 heard that the book of evidence was ready, and would be served at Ballyshannon District Court on December 5. The defendant would then be sent forward to Donegal Circuit Court sitting in Letterkenny, commencing on December 9. 

Judge Éiteáin Cunningham certified for an interpreter to be in court. 

Mrs Cave was rushed to Sligo University Hospital following the collision on Sunday, August 25, 2024. She passed away the following Wednesday. Mittmansgruber was subsequently arrested and brought before a sitting of Letterkenny District Court. 

Sergeant Oliver Devaney told that court sitting that there was in principle an objection to bail because the accused lived outside the jurisdiction. However, he added that the state could be led if strict conditions were imposed on the accused if granted bail. Conditions included that the accused appear in court in person, be of good behaviour and remain contactable by phone and email with gardaí.

A sum of €6,000 was lodged in court on behalf of the accused with an address at 24A Arnberg, Wartberg, Austria, and he was granted bail on the conditions requested by Sergeant Devaney.