Garda’s version of arrest disputed in drink-driving case

Garda’s version of arrest disputed in drink-driving case


A Belcarra man charged with drink driving disagreed strongly with the prosecuting garda’s version of events at Castlebar District Court last week.
Brian Cunnane of Deerpark, Belcarra, Castlebar, was before the court charged with being over the legal limit while driving a car in the village of Belcarra on October 11 last. However, the charge was contested, with Mr Cunnane strongly disagreeing with Garda John Flanagan’s account.
Garda Flanagan told the court that on 12.15am he was operating a checkpoint in Belcarra, Castlebar, when he observed Mr Cunnane coming from a side road, indicating and turning in the direction of the checkpoint before suddenly turning around and going in the other direction.
Garda Flanagan said that he followed the car and when Cunnane pulled over, he got a strong smell of alcohol. He said that Cunnane subsequently failed the roadside breath test.
He was arrested and brought to Castlebar Garda Station where a reading of 42mg of alcohol per 100ml of breath was detected – 7mg over the legal limit.
However, Cunnane disputed a number of details Garda Flanagan gave the court. The garda reported that Cunnane blew only once into the roadside breath test apparatus – Cunnane said he blew in four times. There was also a dispute over whether Cunnane was correctly told that he was being arrested for drink driving. Evidence also differed over the length of time between Cunnane pulling his car over and him being arrested.
In the Garda station, Garda Flanagan said that Cunnane was with him at all times, but Cunnane argued that he left the room after giving a sample of his breath and that he wasn’t there while the report was printing. He told the court that Garda Flanagan let a roar out, saying: ‘Where the hell is he?’. When he saw Cunnane in the hallway, Cunnane told the court that the garda shouted ‘Get the hell in here’. Mr Cunnane said he would swear on his son’s life that he was telling the truth and that would be willing to take a lie-detector test to prove it.
Superintendent Pat O’Boyle argued that because Cunnane had four drinks on the night in question, he was confused as to the course of events.
Judge Mary Devins adjourned the matter until July 6 to see if guidelines require that the defendant be in the intoxiliser room to see the report on his alcohol intake being printed.