Dispute over legality of garda checkpoint

A DISPUTE over the legality of a garda checkpoint setup up in Camolin on April 29 of this year resulted in Judge Gerard Haughton adjourning the case to carry out some research on the matter.

Catriona O’Toole (34) of Monaseed, Gorey, was charged with drink driving on the day in question at Limerick Road, Camolin.

Garda Michael Burke told the court that he was operating a checkpoint specifically targeting drink drivers at Camolin. He said that O’Toole had approached the checkpoint with no lights on and only turned them on when she saw him in the road. She failed a roadside breath test and subsequently gave a reading of 60mg of alcohol per 100ml of breath.

A barrister speaking on behalf of O’Toole sought direction after she maintained that the checkpoint her client was stopped at may have been illegal. She maintained that the order was for the checkpoint to be carried out at Camolin. However, she said, Camolin is a village, not a road. She said, therefore, that the garda had made the decision to choose Limerick Road in Camolin himself, something which he did not have the authority to do.

She also pointed out that there was a Limerick Road Upper and Lower, which was not specified in the charge in addition.

When asked what he had to say on the matter, Inspector Mark Foley replied: ‘Limerick Road is Camolin Judge. It runs right through it.’

While O’Toole’s barrister quoted from two previous cases, Judge Haughton said: ‘Something is sticking out in the back of my mind regarding a case about description of an area in Kildare. I’d like to take some time to look into it.’

The case was subsequently adjourned until December 5.