‘ Drug driving’ case

A judge has dismissed a drug- driving charge against a Tubbercurry man because he found the State had not proved the case beyond all reasonable doubt.

It was alleged that 23- year- old Gavin Casey of Mountain View, Tubbercurry was found slumped behind the wheel of his car at Laveybeg, Charlestown at 2am on February 14th 2016.

Garda Paula Killeen testified at Tubbercurry District Court last week that she came upon Casey’s car parked up at 2.05am with the engine running, lights on and loud music blaring from the car radio.

There were takeaway cartons discarded around the ground beside the car.

She opened the car door and found Casey “slumped in the drivers seat.” She said he was “incoherent” with slurred speech and his pupils were dilated.

She formed the view that he was intoxicated to such an extent that rendered him incapable of driving the car and immediately arrested him on suspicion of drug- driving.

Garda Killeen said the defendant was “extremely unsteady on his feet” and was brought to Claremorris Garda Station.

A urine test at 4am indicated the presence of cannabis in his system.

Cross- examining the witness, defence solicitor Mr Morgan Coleman asked how she could have heard Casey’s voice if the radio was on full blast.

“I took the keys from the ignition,” said Garda Killeen. “Did you ask the accused if he intended to drive the vehicle?” asked Mr Coleman.

“He was arrested for being drunk in charge of a vehicle,” replied Garda Killeen.

Taking the witness stand, Casey told the court that he had come from a friend’s house that night. He said his intention was to stay in Charlestown and he had pulled back the seat to go to sleep after leaving the keys down by the gear stick.

“I had worked six days in a row and was tired. I woke up and the Garda was outside and the keys were in the ignition,” he said.

Under cross- examination by Inspector Paraic Burke, Casey said a friend was in the car with him. Mr Josh Slevin then testified that he put the keys in the ignition “because Gavin was asleep” and said the radio was on about five minutes before Garda Killeen arrived on the scene.

Arguing his case, Mr Coleman said the view Garda Killeen had formed was unfounded. He said cannabis could be consumed and detected in a person up to 90 days later.

He said neither Garda Killeen nor any of her colleagues had done an impairment test on Casey either at the scene or at the Garda station.

Judge Kevin Kilrane accepted the Garda’s evidence and dismissed as “nonsense” the “fabrication” about the key in the ignition.

However he said the test only indicated the presence of cannabis, not the concentration, therefore was of “little value”.

In the absence of more concrete evidence, he dismissed the charge because he found it was “not proven beyond all reasonable doubt.”