Lurgan woman had cocktail of drugs in her system after crash at roundabout near Rushmere Shopping Centre, Craigavon which injured two others

Sinead Mary McAvoy, aged 38, from Beech Court in Lurgan appeared before Craigavon Magistrates Court on Wednesday (August 30) accused of dangerous driving, driving while disqualified, resisting police, driving while unfit through drink/drugs and using a vehicle without insurance.

A prosecutor told the court that at 8.42pm on April 4 last year, police received a 999 report that a vehicle had crashed into the roundabout adjacent to Rushmere Shopping Centre.

She said: “It was a single vehicle collision and the witnesses described the vehicle travelling north on Central Way at speed and colliding with the roundabout and flipping onto its side. The witness had to slam on their own brakes to avoid colliding with the crashed car.”

The court heard the NI Fire and Rescue Service and NI Ambulance Service attended. McAvoy, who was identified as the driver and was shown to have been disqualified from driving from October 15, 2021 until April 14, 2022, sustained minor injuries. She had complained of chest pains and was taken to Craigavon Hospital.

The prosecutor said: “She was slurring her words and her eyes were glazed. Nevertheless a preliminary breath test revealed zero alcohol in her system. She was arrested for driving whilst disqualified, dangerous driving and driving whilst unfit and further arrested for resisting police due to failure to cooperate with the police investigation.

"She was cautioned and on reply to caution she said: ‘Are you serious?’. There were two passengers who were both injured. Nevertheless they declined to engage with police in relation to the investigation. A urine sample was collected from Ms McAvoy some hours after the incident and sent for forensic toxicology examination and she was released on bail.

"She was interviewed in the presence of her solicitor and made no comment other than to admit to driving the vehicle and didn’t believe she was disqualified due to a discrepancy in court proceedings.

On June 26, the forensic toxicology report indicated the urine sample contained morphine, codeine, cocaine, benzos, bromazepam, diazepam, temazepam and other drugs. The prosecutor said: “They certainly had the potential to impair driving ability. She was further interviewed and basically went ‘no comment’ other than to apologise for causing the accident but continued to insist she thought there was a discrepancy in relation to the disqualification."

District Judge Bernie Kelly said: “Explain that to me. I know there was a discrepancy in relation to her disqualification. She was disqualified long enough.”

McAvoy’s lawyer Gavyn Cairns said there may be merit in his client’s claim of a discrepancy relating to her disqualification and that the disqualification had been ‘regularised’. “The disqualification that may have been in place was inaccurately applied and has since been regularised to remove it. Ms McAvoy was convicted in absentia by Deputy District Judge Brown."

District Judge Kelly said: “At the relevant time it hadn’t been regularised, on April 4, 2022. She was still driving while disqualified.”

Mr Cairns said: “It appears that conviction in absentia was erroneously applied. She should not have been convicted.”

The district judge said: “So you are telling me that the relevant entry on her record for October 15, 2021 is inaccurate?” Mr Cairns said he understood that that disqualification had been applied and had been corrected.” The district judge asked for the paperwork to prove it.”

Mr Cairns said he understood the judge may have to sentence the defendant today on the basis of the record. The district judge said: “If I sentence her today without a pre-sentence report for driving while disqualified she is going to prison. That is pretty serious. I need the accurate record. I need the paperwork to support the accurate record which I don’t have in front of me.”

The judge asked to check the online records and the prosecutor said there was a successful appeal in November 2021 which the district judge disputed. “If you read that appeal she was still disqualified due to the accumulation of penalty points. The appeal was dismissed. Our system suggests that the record is accurate and there has been no change.

"Someone explain to me why I am being asked why this record is not accurate,” said District Judge Kelly to which Mr Cairns responded that it was his instructions. The judge told him to go and refresh his instructions.

After an hour Mr Cairns informed the court he was unable to get the ‘regulated record’ verified and requested an adjournment.

The case was adjourned for one week September 6 for sentencing.