‘Gardaí are fully entitled to use handcuffs if they deem it necessary’

A GARDA was fully justified in hand-cuffing a man in order to bring him to the station for testing after his arrest on suspicion of drunken driving, as the garda had clearly stated he believed the man ‘may have posed a danger’ to both his own and the garda’s safety during transport.

That was the finding of Judge David Waters at Listowel District Court in the case of John O’Connor of Lower Ardoughter, Ballyduff, on Thursday, November 15 last.

Mr O’Connor contested a charge of drunken driving before the Court chiefly on the grounds that his rights had been infringed by what solicitor Ann Keane characterised as the unjustified use of handcuffs during the arrest.

Garda Michael McCarthy informed the court he had been operating a checkpoint at Knappogue South in the village of Ballyduff on October 15 of 2017 when he spoke to Mr O’Connor, driving a blue Peugeot, with expired documents.

“There was s strong smell of alcohol... his eyes were glazed,” Gda McCarthy informed the Court. Mr O’Connor failed a roadside breath test and was arrested at 12.24pm.

He was handcuffed as Gda McCarthy said that he, Gda McCarthy, felt he would be vulnerable while transporting him as he was operating alone on the date.

Mr O’Connor was brought to the garda station where a blood specimen he provided was tested, resulting in a reading of 90mgs of alcohol per 100 mls of blood.

Cross-examining Gda McCarthy, Ann Keane said: “You gave that you searched and handcuffed him for safety reasons.”

Judge Waters then referred to the Gda’s testimony just given: “I was afraid he might pose a danger to himself and myself, and I felt vulnerable.”

Ms Keane said that the only reason given in the Gda’s orig- inal statement was that the handcuffing was for ‘safety reasons’.

She asked if Mr O’Connor had shown any signs that he was an aggressive person.

“No, he did not, but I didn’t know that at the time I first met him” the Gda replied.

Asked if he could not have simply called for assistance, Gda McCarthy said that, as there was a big football match requiring a garda presence in another part of the jurisdiction, he ‘made a judgement call.’

Ms Keane told the Court she believed the use of handcuffs was not justified.

But Judge Waters said a recent Supreme Court ruling was clear on the point of law under debate:

“Any member of the Garda Síochána is fully entitled to use handcuffs where he or she feels it necessary.

“It is the police officer who makes the decision, and courts should avoid hindsight in coming to views on such actions. The garda got over the threshold by saying ‘he may have posed a danger to the garda and himself ’ and that the garda felt vulnerable,” Judge Waters remarked.

He said he could not as a result ‘step back’ into a position of review – ‘I’m not allowed do it’ – and convicted Mr O’Connor of the offence.

Ms Keane explained her client, an accountant by profession, was no longer working due to an accident and said the loss of the vehicle was ‘going to have a hard impact on Mr O’Connor’s life’.

She said he was profusely apologetic and that it was ‘fair to say he learned a very hard lesson’.

Judge Waters disqualified Mr O’Connor from driving for three years and fined him €300 on the charge of drunken driving; and disqualified him from driving for two years and fined him €250 on the charge of driving without insurance.