Garda error leads to the dismissal of urine sample case

A MISTAKE by gardaí regarding the date on a summons resulted in a man escaping conviction on a charge of failing to provide a blood or urine sample.

Dean Dempsey (48) of 22 Thornbrook, The Ballagh, was also charged with failure to give appropriate information to gardaí following an incident at Blackwater on November 17, 2015.

The state first called Martin Ryan, a local barman as a witness. He said that he had heard a bang up the road and initially passed by the crash before noticing tail-lights in a ditch. He found the defendant unconscious behind the wheel. He went to the pub and got some help to get the man, who he knew to be Dean Dempsey, from the car. They brought him back to the pub and ensured he was okay before gardaí arrived at the scene. Mr Ryan was commended for his actions in helping the defendant.

Garda Darren Sane said that he received a call regarding an accident in Blackwater. He said that he had passed by the scene before coming across the defendant at the pub. Garda Sane said that he formed the opinion that Dempsey was under the influence of an intoxicant at around 11 p.m. and brought him to Enniscorthy Garda Station.

At 12.47 a.m. Dempsey was told that he was required to provide a sample of blood or urine and refused.

Shortly after this evidence was heard, barrister Jordan Fletcher sought direction from the Judge. Judge Haughton immediately dismissed the charge of failing to provide appropriate information, as he said no evidence was presented to this effect.

Mr Fletcher then said that the date on the summons stated that his client had refused to provide a specimen on November 17, however, as it had passed midnight, it was actually November 18.

He said that while gardaí were entitled to amend times, they could not amend dates and sought a dismissal on those grounds. Judge Haughton agreed.