Dismissal of drink-driving charge in car pursuit case

A CASE of drink driving was dismissed against a Listowel man who had led gardaí on a late-night car chase last March, after the court heard that gardaí had conducted part of their investigation in the case on the man’s own property.

John O’Connor, Knockane, Listowel, was before Judge David Waters on Thursday at Listowel District Court; where he contested a charge of drunken driving and three counts of dangerous driving.

Garda Danny O’Mahony told the court that at 1.48am on Saturday, March 10 last, he was on duty in a personnel carrier when he observed silver peugeot 12-KY-3333 coming from William Street onto the Clieveragh road roundabout with no lights on.

Gda O’Mahony activated the blue lights but the vehicle failed to stop and continued on the John B Keane Road towards the Dromin junction. There, the car drove straight through a red light at what gardaí described as a ‘blind’ junction to turn up Dromin to hit speeds of up to 120kph, almost colliding with a ditch at one point. Gardaí followed at a safe distance until the car pulled into a house in Knockane. The garda entered the ‘curtilage’ of the home where he was met by a male who said: “Are ye fucking serious? Get the fuck out of here”. The man had all the characteristics of a ‘drunk person’ and gave his name as John O’Connor; telling gardaí he did not stop as ‘I had a few drinks’ - gardaí said. Gardaí said breath specimens the defendant gave at Listowel Garda Station after his arrest returned a reading of 53mcg of alcohol per 100ml of breath.

Solicitor Charlie O’Connor - who questioned gardaí at length - told the court that he did not believe there was any evidence given of an opinion being formed ‘in a public place’. Judge Waters ruled that the garda powers of arrest do not allow for gardaí to enter a private dwelling to investigate - only to carry out an arrest.

He said he had ‘no doubt’ Mr O’Connor’s driving was to evade gardaí; disqualifying Mr O’Connor for two years on one dangerous driving charge. Recognisance was fixed.