‘I’m sorry’ says man charged with dangerous driving causing death of Donegal woman

A man who travelled from Austria to appear in court has been re-arrested and charged with dangerous driving causing death in relation to a collision which claimed the life of a Donegal Town.

The defendant, Martin Mittsmannsgruber, 52, of 24A Arnberg, Wartberg, Austria 4224, was subsequently served with the book of evidence and sent forward for trial at the circuit court. 

Mittsmannsgruber was  before Ballyshannon District Court by arrangement on Friday, December 5. He is charged with dangerous driving causing the death of Elizabeth Cave on August 25, 2024 at Inver Glebe, Donegal. 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.

Sergeant Oliver Devaney of Donegal Town Garda Station gave evidence of arresting the defendant at Portnason, Ballyshannon, ahead of the court sitting. The sergeant told the court that Mittsmanngruber replied ‘I’m sorry’ after caution. The defendant was served with the book of evidence in the body of the court during the hearing. 

Sergeant Jim Collins told the court that the Director of Public Prosecutions (DPP) consented to the accused being sent forward for trial to the next sitting of Donegal Circuit Court sitting in Letterkenny and commencing on December 9. 

Judge Éiteáin Cunningham said she was noting the DPP consent, and noting that the book of evidence had been served. 

She issued an alibi warning, telling the defendant: “If you intend to rely on alibi warning in your defence in the circuit court, you must give notice to the state solicitor within 14 days of today’s date.”

The judge sent Mittsmanngruber forward for trial on continuing bail of €6,000, making an order for a German interpreter to be present. 

The defendant was represented in court by solicitor Gerry McGovern who applied for legal aid to be extended to include two barristers - junior and senior counsel. 

Judge Cunningham granted the application. 

Mrs Cave was rushed to Sligo University Hospital following the collision on the morning of Sunday, August 25, 2024. She passed away the following Wednesday. Mittmannsgruber 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 and he was granted bail on the conditions requested by Sergeant Devaney. 

Friday’s court sitting heard that Mittsmannsgruber would now be staying in the country until after his appearance at next week’s circuit court sitting.