Malin oyster farmer keeps schtum on identity of mystery male who crashed his vehicle

A Malin oyster farmer, who refused to provide the guards with the name of a man who crashed his vehicle last year, “didn’t want to get his friend into bother”, a court has heard.

Kevin McFarland, of Drumcarbit, Malin, appeared before Buncrana District Court charged with failing, without reasonable excuse, to give information as to the identity of the person who was actually using his vehicle at the material time.

The charge against the 52-year-old was contrary to Section 107 of the Road Traffic Act, and solicitor Rory O’Brien indicated that his client wished to plead guilty to it.

Sergeant Conor Mulkerns gave an outline of the evidence against Mr McFarland.

He told the court how Gardai had received a report of a road traffic collision at Ballagh, Malin on April 30, 2024.

Officers made their way to the scene and observed a blue Ford Ranger on its side blocking the roadway.

From enquiries, gardai learned that the Ford Ranger had made contact with another vehicle travelling downhill before colliding with the ditch and flipping onto its side.

Garda Declan Coyne spoke with the registered owner of the vehicle at the scene, who gave his name as Kevin McFarland. He stated that he was in Malin Head and had had a few drinks at the Seaview Tavern prior to the incident.

Sgt Mulkerns said Mr McFarland informed gardai that a male whom he did not know agreed to drive his vehicle, and he could not or would not provide the name of the person driving.

Garda Coyne made a legal demand under Section 107 to establish who had been driving the vehicle at the time of the collision, but the required details were not provided to the gardai, and a summons was issued as a consequence.

Sgt Mulkerns further told the court how Mr McFarland has no previous convictions.

Defending the case, Mr O’Brien said his client was not forthcoming with the information in order to protect a friend, and he deeply regretted what had happened.

“He’s very apologetic, remorseful and ashamed about what happened on this occasion.”

“Effectively, he had allowed someone else, his friend, to drive the vehicle. Unfortunately, he did not want to get his friend into any bother, and that’s what happened.”

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Mr O’Brien pointed to Mr McFarland’s unblemished record in mitigation.

“He has no previous whatsoever; he has never come to the attention of the guards before or since this incident.”

“He is a father to a young son, who relies upon him, as does his wife. He’s involved in oyster farming and is a valued member of his local community.”

Mr O’Brien said his client’s apparent lack of cooperation at the scene could have been down to the fact that he was under the influence at the time, and there was a question mark over whether the Section 107 demand should have been put to an individual under the influence.

“But notwithstanding that, Mr McFarland has accepted his wrongdoing in relation to it, and we’re asking the court to be as lenient as possible,” the solicitor urged.

Judge Emile Daly inquired as to the defendant’s means, and she was told he earns approximately €450 per week.

She convicted him of the offence and imposed a fine of €300, with four months to pay.