Truck driver gets benefit of the doubt on Mayo N5 dangerous driving charge

A truck driver accused of dangerous driving has had the case against him dismissed.

Barry Caffrey, of The Avenue, Ratoath, Co. Meath, contested the case before Castlebar District Court.

Christopher Toner, a software engineer and member of the garda reserve, told the court he was driving his camper van on the N5 on January 27, 2025.

He was driving in the direction of Swinford from Castlebar when he noticed a lorry driving behind him at high speed in the Ballyvary area.

Mr. Toner told the court that the truck was attempting to overtake at every opportunity. He claimed one attempted overtake on a sweeping bend caused oncoming traffic to take evasive action.

Mr. Toner said the truck then overtook his camper van before pulling quickly in front of him once the lorry passed his front bumper.

Witness said he was on the phone making a 999 call at this stage as he considered the driving to be dangerous.

The off-duty reserve garda told the court that the truck then tried “bullying” a small car close to Bohola with the car forced onto the hard shoulder.

He said he followed the truck to the Applegreen filling station near Swinford. Witness said he took contemporaneous notes and then approached Caffrey.

He claimed the truck driver told him he was in a rush because he had only five minutes left on his tachograph.

He also alleged Caffrey told him other drivers should be prepared to pull over ‘if a truck is up their arse’.

The court heard Mr. Toner told Caffrey he was an ‘off duty garda’.

“But you are a reservist,” stated solicitor Evan O’Dwyer, representing Caffrey.

The solicitor said his client’s truck is fitted with a limiter which means the maximum speed he can drive is 90km per hour.

Caffrey made a counter-allegation to gardaí that Mr. Toney was driving while on his mobile phone and weaving on the road. No charges were brought following this allegation.

Giving evidence, the defendant claimed that Mr. Toner was driving at around 60 to 65km per hour.

He said he would not have overtaken a vehicle travelling at 80km per hour as his truck would not have the speed to do so.

He alleged that Mr. Toner accelerated as he tried to pass and flashed his lights at him. This was denied by Mr. Toner.

Caffrey said the claims made against him were nonsense and lies.

Judge Ciaran Liddy said he found both witnesses to be ‘very credible’.

He said that given this is the situation he had to give the benefit of the doubt to Caffrey and dismissed the case.

* Funded by the Courts Reporting Scheme.