Drama during Mayo musical intermission has court sequel

There was drama during the intermission for a performer in a musical when she witnessed the aftermath of a collision involving a drunk driver outside Ballina Arts Centre.

Krzysztof Ciazenski, 91 Childers Heights, Ballina, pleaded not guilty at the local court to drink driving on Barrett Street, Ballina, on September 5, 2024.

Witness Róisín Timoney told the court she was performing at Ballina Arts Centre on the evening of this incident.

During a break in the show, she heard a “huge bang” and went outside towards the sound.

She observed a Suzuki Swift turned on its side with extensive damage that appeared to have collided with a parked Toyota Yaris.

Ms. Timoney observed a man with grey hair standing in the door of the Suzuki on the phone to the emergency services and she said he seemed unsteady on his feet.

She was certain this happened around 10.15 p.m. as this was the time during the show when she was off-stage.

Garda Chris Barrett arrived at the scene around 10.21 p.m. He spoke with the man next to the Suzuki, Ciazenski, who told the garda he had been driving the car and had crashed.

Garda Barrett noted that Ciazenski’s speech was slurred and he was unsteady on his feet. He cautioned the defendant who then informed Garda Barrett he ‘had a few beers’.

A blood sample later returned a reading of 229mg of alcohol per 100ml of breath.

Defending solicitor Peter Flynn said Garda Barrett should have cautioned Ciazenski before he said he was the driver of the Suzuki.

Garda Barrett said Ciazenski informed him of this and as per Judge’s rules, he cautioned him at the earliest opportunity.

Mr. Flynn said there were issues with the custody record and that details regarding Ciazenski, who is Polish, being a foreign national and whether or not he needed an interpreter had been left blank.

Garda Barrett said he was not the member in charge but noted that these details had been provided elsewhere in the custody record.

Mr. Flynn called for a dismiss on the basis that Ciazenski was not in lawful custody as the custody record was not filled in completely correctly and that he was cautioned incorrectly.

However, Judge Vincent Deane said there was no prejudice arising from the way the custody record was filled and he was satisfied that the caution was done appropriately.

Ciazenski had two previous convictions. Judge Deane imposed a three-year driving disqualification and a €400 fine.

*Published under the Courts Reporting Scheme.