‘That’s the kind of evidence I like’- Judge

A Garda has been praised for his frank and honest evidence in a drunk driving prosecution.

The praise was heaped on Garda Michael O’Shea by Judge Kevin Kilrane who dismissed an application to dismiss the case against a Roscommon man charged with drunk driving on October 29 th last on the Sligo to Collooney dual carriageway.

The case was defended by solicitor, John McNulty.

At the conclusion of the evidence and deciding to convict the defendant Judge Kilrane congratulated Garda O’Shea.

“I would like to congratulate Garda O’Shea for his most perfect, very honest and fair evidence. It was tested robustly by Mr McNUlty but the evidence was very good and very honest and it was refreshing to hear such evidence which was completely upfront with regard to the question of delay.

“That’s the kind of evidence I like. The Garda said he did his best and I appreciate that type of evidence,” said the Judge.

Mr McNulty had raised queries in relation to why the defendant when arrested was brought to Ballymote Garda Station instead of Sligo and why there was a delay in having the defendant charged.

Garda O’Shea explained it was procedure to bring arrested persons to Ballymote at present and he had to wait on the processing of a charge sheet through an office in Castlebar before charging the defendant.

Inspector Donal Sweeney told the Judge that he did not think a time period of two hours and forty minutes was unreasonable to bring a driver to Ballymote and process them.

The defendant, Thomas Reynolds of Carrigeen, Kilglass, Roscommon was arrested at 501pm after he failed a roadside breath test and was released at 7.40pm. A sample of breath was taken within the specified three hours from the time of driving.

Garda O’Shea recalled how at 4.50pm on October 29 th he decided to pursue a car he saw travelling at speed along the dual carriageway at Carraroe.

The Garda had to drive at a speed of 170kph in order to catch up with the car which he stopped was Knoxpark at 4.53pm. He said the driver’s speech was slurred and his eyes were glassy. His face was flushed and there was a strong smell of alcohol from his breath.

He was arrested and brought to Ballymote Garda station where a sample showed a concentration of 54mgs of alcohol per 100mls of breath.

Garda John O’Reilly gave evidence of the defendant arriving at Ballymote station at 6.10pm and requests being made to provide breath sample at 6.44pm.

Mr McNulty pleaded that the defendant was 28 who previously worked as a mechanic, was single and lived at home with his parents.

Judge Kilrane said the speed was very worrying and it was something he had noted.

He fined the defendant €300 and banned him from driving for two years.