Former garda receives five year driving ban

Former garda receives five year driving ban and is fined €1,500


A FORMER garda was convicted of drink driving after the sitting judge said his evidence was ‘self serving’, ‘unedifying’ and ‘certainly not credible’.
Owen Kilbane (53) of Dooega West, Achill appeared before last week’s sitting of Achill District Court where he contested charges of dangerous driving, drink driving and refusing to give a blood or urine sample to gardaí.
The court heard that on August 9, 2010, Sergeant Gus Moran received a report of an English registered car driving dangerously along the Keel to Achill Sound road in Achill. Sgt Moran explained that he was in the patrol car looking for this car when at 1.17am he saw a Ford Mondeo with English plates driving erratically in the village of Cashel.
Sgt Moran explained that Garda Peter Flanagan who was driving the car had to veer out of the way to avoid a collision. He said they followed the car and described it driving in a zig-zag manner.
When they stopped the car he said the defendant was slumped on his seat and had to use the door for assistance to get out of the car. Sgt Moran said he arrested him for drink driving and conveyed him to Achill Sound Garda Station.
On the way to the station, Sgt Moran said that Mr Kilbane told them that he was a past member of An Garda Siochana and asked them to let him off on this occasion. When they were at the station, Sgt Moran said he requested a sample of blood or urine from Mr Kilbane, who he claimed told them he wanted to go to Castlebar. Sgt Moran claimed he told them in no uncertain terms was he going to make it easy for the guards. Sgt Moran said he refused to give a sample of his blood or urine and was eventually released.
Under examination from Mr Evan O’Dwyer, solicitor for the accused, Sgt Moran said that at no stage did Mr Kilbane say he would give a breath sample in Castlebar. Sgt Moran also denied that he told him he had a skin condition and was worried about giving blood.
In his evidence Mr Kilbane said he wanted to go to Castlebar to use the Intoxiliser machine because he had a skin condition on his arms and did not want to give blood for fear of infection. He said he was asked four times to give blood but there was ‘not a mention of urine’.
Under examination from Inspector Joe Doherty, Mr Kilbane said he had two half pint bottles of cider to drink and when asked if he thought Sgt Moran was lying he replied ‘yes’.
Judge Mary Devins said that in relation to all three charges, the state had proved the case ‘beyond all reasonable doubt and had proved it beyond any doubt’.
“The evidence of the defendant was regrettably self serving, unedifying and no credit to the former institution to which he belonged,” she said.
The court heard that Mr Kilbane had a previous conviction for drink driving in 2001 and Judge Devins disqualified him from driving for five years and fined him a total of €1,500.