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Sunday World
7 days ago
- Sunday World
‘I know the craic', ex-Garda said during his arrest after car crashed into wall
Judge said she was 'quite disturbed' by the former garda's behaviour. A 34-year-old motorist and former member of An Garda Síochána has been convicted of failing to comply with a doctor's request to provide a blood or urine sample. Henry Johnston, Stoney Lane, Ardee, Co. Louth, contested the charge which arose after an incident more than two years ago when a BMW car crashed into a boundary wall close to his home. The defence contended that the demand for a sample was not made within three hours of driving. However, Judge Nicola Andrews said that the accused 'took every opportunity he could to frustrate the process'. Mr Johnston, who has no previous convictions, was convicted and referred to the Probation Service for a community service assessment. A neighbour testified that on May 31, 2023, she was in bed when awoken by a loud bang. She looked at the clock. It was 11.07pm. Her daughter, who had also woken up, said, 'It's Henry. He crashed into the wall.' Outside, they helped him. It was dark. They were afraid another car would come along. She ran to get some torches. She gave her phone to a woman to use its light as a warning and believed it was this person who rang gardaí. Stock image (Photo: Getty) News in 90 Seconds - July 25th They were trying to get the car off the road. It took a while. The left-side (of the car) was 'mangled'. It was put to her by solicitor Séamus Roe that in a statement she said '11-ish' and made no mention of 11.07pm on the clock. Gda Nuala Crossan gave evidence that at 11.25pm she responded to a report of a road traffic collision at Stoney Lane, Ardee. A car had crashed into a wall in a cul de sac. The defendant was in the driver's seat with the door open. The engine was running and the airbags had deployed. An alarm in the car had gone off. He said he was okay. His eyes were glazed and his speech slurred. Gda Crossan continued that she formed her opinion at 11.29pm that the man was incapable of having proper control over a mechanically propelled vehicle and arrested him at 11.30pm on suspicion of drink driving. She said that the man 'persisted in interrupting me' and during the caution said, 'I know the craic. I used to be a guard.'. He added, 'You know I'm not going to comment and incriminate myself,' when asked about what happened. On arrival at Dundalk Garda Station at 12.10am on June 1, he said he required a doctor's attention because he was asthmatic. A doctor was contacted. Gda Crossan said it was decided not to conduct an Evidenzer breath test. Mr Johnston's behaviour 'began to escalate'. He repeated demands for a solicitor to attend. No solicitor was available. The accused called Member In Charge of the station Gda Ryan Brennan a 'retard'. He put papers down his trousers, removed them and threw them at Gda Brennan. A doctor who arrived provided him with an inhaler. He refused it and refused to engage with the doctor. He said he wanted a solicitor. He refused to enter the doctor's room. Gda Crossan said the defendant then began to tap the Evidenzer machine and remarked, 'I will provide breath'. She explained that was no longer an option because of his previous claim that he would be unable to provide a breath sample and the fact that the Evidenzer guard had left. He said, 'Yes, I'll provide urine' and began shouting at the doctor that he would provide breath. The accused was asked to leave the room. He clung to the Evidenzer machine before being escorted to the custody area. Mr Roe said that he had an email from BMW which indicated the time the car's alarm went off. The author was not present. Judge Andrews did not allow it into evidence. Mr Roe put it to Gda Crossan that the accident occurred at 10.05pm. She replied that gardaí received a call at 11.25pm and that a woman heard a loud bang at 11pm. Gda Damien Fanning attended the garda station to conduct an Evidenzer breath test. He commenced a period of observation at 12.20am. Mr Johnston said that he was asthmatic, wanted a doctor and would be unable to do a breath test. Gda Fanning said he ended the observation. He felt it better to get a doctor for a blood or urine test. The defendant became aggressive, particularly towards Gda Brennan. Mr Roe said that the demand for a sample was made at 2.01am. In her statement the woman said she heard a bang at '11-ish'. He submitted there was a doubt the demand was made within three hours of driving. Judge Andrews said she was satisfied it was a lawful arrest and satisfied that any demand was within a three-hour period. The defence did not go into direct evidence. The judge said Mr Johnston 'took every opportunity he could to frustrate the process' and engaged in 'ducks and drakes' in any prosecution that might have been brought under Section 4. He refused to comply. Judge Andrews asked if the defendant was a garda, and was told by the prosecution that he was a former member of An Garda Síochána. Mr Roe said that his client was no longer in the force. He was single and working. Judge Andrews remarked that she was 'tempted" to impose a custodial sentence and was 'quite disturbed' by the defendant's behaviour. "I'm very concerned about what I heard.' The case was referred to the Probation Service for a community service assessment, and the court warned Henry Johnston to engage or he would be sent to jail. He was told he would also be getting a fine and disqualification. He was remanded on continuing bail to November 19. Funded by the Courts Reporting Scheme
Irish Independent
24-05-2025
- Irish Independent
Louth motorist fails to overturn drink driving conviction
Declan Leddy, Clonmore, Ardee, was fined €2,500 in the district court and disqualified from driving for three years. The grounds of his appeal to Dundalk Circuit Court was that he had been unlawfully detained following his arrest and prior to giving two samples of breath. It was argued that the 20-minute period of observation before he was tested was superfluous as Gardaí were aware he had nil by mouth as they transported him from the scene of the incident near Ardee to Dundalk Garda Station. However, Judge Dara Hayes rejected that submission. He did allow a postponement of the disqualification until November 21 and reduced the fine to €500 with six months to pay. Gda Nuala Crossan testified that at 8.20pm on December 16, 2023, she and Gda Conor Hegarty were called to the N52 outside Ardee. She was observer in the patrol car and at Ballybailie saw a silver Volkswagen Jetta swerving on the road. It came to a stop before attempting to drive forward. The car came to a stop again. The only occupant was a male in the driver's seat. Gda Crossan said that she got a strong smell of drink from the defendant whose eyes were glazed. He appeared nervous. She formed her opinion and arrested Mr Leddy at 8.35pm. He said to her that he 'had a few pints in town' and was on his way home. She was seated in the rear with him en-route to Dundalk Garda Station. He was compliant and there were no concerns. They arrived at 8.55pm. Gda Hegarty, the driver, gave evidence that he was a trained Evidenzer operator. This is the machine that takes breath samples. ADVERTISEMENT He started a 20-minute period of observation at 9.13pm before the prisoner provided two specimens which gave an over the limit reading of 122mg of alcohol per 100ml of breath. Gda Hegarty told barrister Ronan O'Carroll that prior to the period of observation he was satisfied that Mr Leddy had nil by mouth as much as he could be as he was driving. He said that the 20-minute period of observation at the station 'is protocol and has to be done'. He agreed it was a guideline by the manufacturers of the Evidenzer. Mr O'Carroll submitted that the 20 minutes of observation were not required, and that the garda took the view that this period must be observed. If there were 20 minutes of nil by mouth prior to this and no need for the observation, then it was an unlawful detention or would have to be objectively justified. State solicitor Fergus Mullen said there was objective justification on the basis of the evidence. He hadn't encountered a situation where anybody other than the Evidenzer garda had carried out the 20-minute period of observation. Judge Hayes said that this period of observation was to ensure that the person has not had alcohol by drinking or regurgitating it to potentially contaminate the test and give a misleading reading. He continued that Gda Hegarty had provided an objective basis for the further period of observation. Mr O'Carroll said that Mr Leddy had no previous convictions, nor had he been in any trouble since. A bus driver taking home €360 per-week bringing disabled youths to and from work, he would lose that employment. Judge Hayes noted that a 'considerable quantity' of alcohol had been taken, though the court had seen higher. There would be a penalty for the appellant and the judge said he hoped Mr Leddy found further employment. An order was made as outlined and legal aid granted.
