INTERPRETER SHOULDHAVE BEENCALLED

ant at 10.36pm for being under the influence of an intoxicant and being incapable of having proper control over a mechanically propelled vehicle.

Defence solicitor Frank McDonnell submitted there was no evidence his client’s driving attracted the garda’s attention.

Inspector Valerie Gahan said the accused was covering his face but conceded there was no evidence of him being incapable of driving. Judge Coughlan dismissed that charge. Mr. McDonnell said the defendant has no previous convictions and is a lorry driver by occupation. He will lose his job if disqualified.

The judge said he wouldn’t impose a disqualification for having no insurance. He fined Conway €600, taking everything else into account. dence, but a difference of opinion then followed between the defence and prosecution over precisely which evidence was being accepted.

Judge Coughlan said he would listen to the DAR (digital audio recording) and adjourned the case until 14 November next.

A 42-year-old woman has had a refusal or failure to provide a breath specimen charge dismissed after the court ruled gardaí did not comply with statutory regulations by failing to have an interpreter present.

Katarzyna Wozniak, 47 Garrybawn, Tom Bellew Avenue, had denied the alleged offence in Dundalk garda station on 20 August, 2017.

No direct evidence was given during the hearing.

Solicitor James MacGuill said this matter was conducted without his client having the benefit of a Polish interpreter. The regulation presumes an interpreter is required.

Inspector Valerie Gahan countered that officers didn’t believe the defendant needed an interpreter. Her English was good enough.

Mr MacGuill replied there is nothing in the custody record or statement to that effect.

Judge Coughlan remarked it seemed to him it was proper for the guards to err on the side of caution.

If there was a doubt about the accused understanding what was going on, gardaí should have got an interpreter.

And if they decided not to get one, it should have been recorded in the custody record.

Inspector Gahan returned the State will allege Katarzyna Wozniak spoke to the officer in English and that she didn’t co-operate. An interpreter wasn’t needed.

However, the judge said he thought the High Court would take the view that gardaí should have erred on the side of caution and got an interpreter.

Mr McGuill said this was ‘simple non-compliance with the rules of the game’.

Judge Coughlan said he had the greatest sympathy for the guards, but the issue of the interpreter was not dealt with by way of the disclosure order.

He dismissed the refusal charge.

A second charge of causing criminal damage to the doctor’s room toilet floor was struck out after the defendant paid for the clean-up costs