A driver who was high on cannabis when he led gardaí on a 35-minute chase and caused the death of his 20-year-old passenger, who was thrown from his car in a collision which split the vehicle in two, has failed to convince the Court of Appeal of the “very radical proposition” that he should not have been allowed to represent himself at trial.
Lawyers for Michael Collins (49) had told the appeal hearing that a family member called it “delusional” that the defendant could represent himself.
Collins was jailed for 14 years at Trim Circuit Court in July 2019 for causing the crash that claimed the life of Jillian Thornton seven years ago.
Following a 13-day trial, Collins, of St Finian’s Park, Drogheda, Co Louth, was found guilty of dangerous driving causing the death of Ms Thornton on May 27, 2016, at Waterside Great, Duleek, Co Meath.
Collins defended himself after sacking his legal team at the start of the trial and was also convicted on two charges of endangerment, 12 charges of dangerous driving and of driving under the influence of an intoxicant, cannabis, on the same date.
Judge Martina Baxter heard that Collins was on his way to a music festival in Mullingar on the night with the victim and another friend, Alannah Byrne, who survived the crash.
Ms Thornton was killed when she was thrown from the back seat of the defendant’s car, which was split in two when it collided with another car near Ballymagarvey on the N2 after a 35-minute garda pursuit.
In dismissing the appeal on Tuesday, Mr Justice Patrick McCarthy said the right to represent oneself at trial was a constitutional right in Irish law which had to be upheld.
Mr Justice McCarthy said that an inquiry into whether or not Collins was capable of defending himself had been carried out and that the trial judge had encouraged Collins to retain legal representation. Mr Justice McCarthy pointed out that Collins had also been medically assessed with regard to his fitness to plead and that he had been found capable of doing so.
Mr Justice McCarthy said the right of a party to be heard without legal representation was a personal right and that only in very extreme circumstances could a judge refuse such an application, once it was dealt with in the accused’s full knowledge and consent.