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‘No one is going near me with a needle' – Driver banned for refusing to provide blood sample at Louth garda station
‘No one is going near me with a needle' – Driver banned for refusing to provide blood sample at Louth garda station

Irish Independent

time30-07-2025

  • Irish Independent

‘No one is going near me with a needle' – Driver banned for refusing to provide blood sample at Louth garda station

Gda Alan Macklin was giving evidence in the trial of Shane Magill (42), Quarter Road, Camlough, Co. Armagh. The defendant, a bricklayer, contested a charge of refusing to provide a sample of his blood arising from the incident last year. He told a doctor at Drogheda Garda Station that he didn't like needles, adding, 'No one is going near me with a needle'. Gda Macklin testified that at 3.48pm on October 16, 2024, on the R132 at Newtown, Monasterboice, he was driving behind a red Audi A4. He ran a registration check and discovered that this car had neither an MOT nor tax. There was a smell of cannabis coming into his vehicle. He stopped the Audi. Mr Magill provided him with a full UK licence. This man's eyes were bloodshot and his speech slurred. There was a 'strong smell' of cannabis from the car. Gda Macklin continued that at 3.54pm he requested an oral fluid sample for a roadside drugs test. The test failed for cannabis and at 4.01pm he arrested Mr Magill at Newtown, Monasterboice. At the garda station the defendant said that he didn't like needles. ADVERTISEMENT 'No one is going near me with a needle,' he remarked. The court heard that at 5.42pm he refused to provide a blood specimen. He was arrested and made no reply after caution. Cross-examined by barrister Eoghan Fagan, instructed by solicitor Paula Tiernan, Gda Macklin said he couldn't recall if the windows of the garda vehicle were up or down. The smell (of cannabis) was coming through the vents. He was 'right behind' the other car. Mr Fagan submitted that there was a 'special reason' for the accused not giving a blood specimen. He clearly indicated a fear of needless. There was not a wider aversion to giving a sample. Garda Inspector Kevin Toner replied that not liking needles was not a medical term. It was said in front of a doctor. That didn't make it a special reason. A blood specimen was 'the only way' to test the driver. Judge Vincent Deane agreed that it (a fear of needles) didn't amount to a reason. 'I don't like them myself. A lot of people don't like them,' the judge added. The defence did not go into evidence. Counsel said that Mr Magill had three children and was a bricklayer who worked in the Republic of Ireland. He recently suffered an injury. A €200 fine and four-year driving disqualification were imposed. Legal aid was granted.

Louth motorist cleared of three alleged driving offences after court rejects evidence from private property
Louth motorist cleared of three alleged driving offences after court rejects evidence from private property

Irish Independent

time13-06-2025

  • Irish Independent

Louth motorist cleared of three alleged driving offences after court rejects evidence from private property

Colin Pentony, Brittas, Grangebellew, Drogheda, was accused of dangerous driving at Priorstown, Drogheda and at Milltown, Sandpit; and careless driving at Newtownstalaban. Evidence was given that a Toyota Land Cruiser was followed by a Garda car, a pursuit which ended when the car got stuck after the other vehicle went into a field. Gda Alan Macklin testified that at 6.55pm on October 29, 2024, at Newtownstalaban he saw a vehicle swerving from side to side on the road, crossing the centre white line. When he got to a safe location he activated the blue lights and siren. The jeep was doing approximately 100kmh in an 80kmh zone on both sides of the road. It swerved heavily to the wrong side and at Sandpit village the officer said he tried to overtake. However, the other driver swerved to block him and he had to slam on the brakes. Gda Macklin said the Land Cruiser accelerated to 150kmh in an 80kmh zone. He was matching this speed. Oncoming traffic had to stop to let it by. The jeep turned left to Priorstown, doing the same speed and still swerving. It then turned towards Brittas. It slammed hard on the brakes and went right onto a private laneway passing a house and going into a farmyard. Gda Macklin said that the accused drove in front of him. He was wearing a hi-vis orange jacket. It was his property and where the jeep was registered to. He lost sight of the vehicle which escaped through fields. His patrol car got stuck. The officer said he couldn't locate the other man that night. He later arrested Colin Pentony. Cross-examined by barrister David Staunton, instructed by solicitor James Allen, Gda Macklin said that he had no view of the driver before he entered the field. 'He (the Garda) entered (the property) without a warrant. Is that where we are going?' Judge Nicola Andrews asked Mr Staunton. He replied, yes. It was improper to do and can't be done. The judge asked if there was any evidence of the accused driving on the public highway? Gda Macklin said he saw the vehicle driving. He didn't get a view of the driver. Judge Andrews said the court could not take into account evidence on a private lane and farmyard. The charges were dismissed. Funded by the Courts Reporting Scheme

Louth motorist cleared of three alleged driving offences after court rejects identification evidence
Louth motorist cleared of three alleged driving offences after court rejects identification evidence

Irish Independent

time13-06-2025

  • Irish Independent

Louth motorist cleared of three alleged driving offences after court rejects identification evidence

Colin Pentony, Brittas, Grangebellew, Drogheda, was accused of dangerous driving at Priorstown, Drogheda and at Milltown, Sandpit; and careless driving at Newtownstalaban. Evidence was given that a Toyota Land Cruiser was followed by a Garda car, a pursuit which ended when the car got stuck after the other vehicle went into a field. Gda Alan Macklin testified that at 6.55pm on October 29, 2024, at Newtownstalaban he saw a vehicle swerving from side to side on the road, crossing the centre white line. When he got to a safe location he activated the blue lights and siren. The jeep was doing approximately 100kmh in an 80kmh zone on both sides of the road. It swerved heavily to the wrong side and at Sandpit village the officer said he tried to overtake. However, the other driver swerved to block him and he had to slam on the brakes. Gda Macklin said the Land Cruiser accelerated to 150kmh in an 80kmh zone. He was matching this speed. Oncoming traffic had to stop to let it by. The jeep turned left to Priorstown, doing the same speed and still swerving. It then turned towards Brittas. It slammed hard on the brakes and went right onto a private laneway passing a house and going into a farmyard. Gda Macklin said that the accused drove in front of him. He was wearing a hi-vis orange jacket. It was his property and where the jeep was registered to. He lost sight of the vehicle which escaped through fields. His patrol car got stuck. The officer said he couldn't locate the other man that night. He later arrested Colin Pentony. Cross-examined by barrister David Staunton, instructed by solicitor James Allen, Gda Macklin said that he had no view of the driver before he entered the field. 'He (the Garda) entered (the property) without a warrant. Is that where we are going?' Judge Nicola Andrews asked Mr Staunton. He replied, yes. It was improper to do and can't be done. The judge asked if there was any evidence of the accused driving on the public highway? Gda Macklin said he saw the vehicle driving. He didn't get a view of the driver. Judge Andrews said the court could not take into account evidence on a private lane and farmyard. The charges were dismissed. Funded by the Courts Reporting Scheme

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