Monaghan plumber loses licence for three years after drink drive conviction
Gda Leah Shipley gave evidence that at 1.43am, while observer in a Garda vehicle, she spotted a white Citroen Berlingo van driving 'unusually slowly' and swerving across the centre white line on Castletown Road.
This vehicle was indicated to pull over and it did. A man got out and stumbled before going onto the footpath.
She approached. There was a smell of drink from him and his speech was slurred. He handed her a full Irish driving licence.
Gda Shipley said that she formed her opinion (than an offence had been committed) and at 1.47am arrested Mr Fee on suspicion of drink driving.
He subsequently provided an over the limit reading of 90mg of alcohol per 100ml of breath.
The defendant refused to sign the Section 13 statements (Evidenzer machine printouts), nor did he take a copy.
Cross-examined by barrister Martin Dully, instructed by solicitor Frank McDonnell, Gda Shipley said another garda jeep, containing two Gardaí, was in front of them and it brought the accused to a stop after the blue lights and siren were activated.
She was first to speak with Mr Fee. The other guards exited their vehicle at the same time. It was not possible that a colleague beat her to it.
Mr Dully put it to the witness was it possible she was the 'nominated officer to get the collar' to which Gda Shipley replied, 'Absolutely not'. She couldn't recall her colleagues speaking to the driver.
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She did explain to the defendant why he was stopped. She didn't question him about alcohol consumption.
Applying for a dismissal, Mr Dully said that in Gda Shipley's direct evidence there was no reference to the fact the other garda vehicle was responsible for pulling Mr Fee over.
There was 'a less than frank' explanation to what occurred. It was extremely unlikely that there was no interaction between other Gardaí and Mr Fee.
Counsel submitted there was 'some troubling evidence'. He asked could the court accept Gda Shipley's account as true and complete?
Inspector Martina Gallagher responded that it was unfair to say Gda Shipley had not told the truth.
Judge Nicola Andrews said that Mr Dully was doing his job and that she would 'assess that'.
The judge said that she was satisfied the evidence of detection and arrest was in order.
Mr Fee did not give evidence.
The court heard of one previous conviction for drink driving in 2005.
Mr Dully said that was effectively 20 years ago. An additional mandatory disqualification only applied within the preceding period of four years.
The defendant was a plumber, dependent on his ability to drive. He will almost certainly lose his job.
He had instructed to apologise.
Judge Andrews said that if he came into court again and got 'any class' of a Road Traffic conviction, 'the consequences will be dire'.
Bail to appeal was set at a €500 cash bond.
Funded by the Courts Reporting Scheme
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