Drink-driving charge dismissed due to handcuffing

Handcuffed Manulla man avoids drink-driving conviction


A Manulla man has avoided a drink driving conviction after a District Court judge deemed his arrest unlawful.
Padraig Earley of Bohague, Manulla appeared before Castlebar District Court on March 10 and March 18 charged with drink driving and careless driving on July 5, 2014. Both charges were dismissed.
In the early hours of the day in question, Garda James Mangan and Garda Colette Farragher observed a car, driven by Mr Earley, leave McCormack estate at speed and without indicating. Garda Mangan said previous to this, he and Garda Farragher observed two men eating food close to cars parked in McCormack Estate.
Garda Mangan said that once stopped in the Springfield area at 3.15am, Mr Earley was very unsteady on his feet when he vacated the car. The court heard that Garda James Mangan handcuffed Mr Earley because he feared he would attempt to flee the Springfield area, as he  kept moving away from the car.
On returning to Castlebar Garda Station, a breath sample provided by Earley showed him to be over twice the legal driving limit with a concentration of 64mg of alcohol per 100ml of breath.
When asked by defending solicitor Tom Walsh why he had handcuffed his client on the night, Garda Mangan told the court that Mr Earley was very intoxicated and kept moving towards the road. “I was just in fear he would go, I don’t know where,” said Garda Mangan.
Supt Mandy Gaynor told the court that Garda Mangan did ‘genuinely’ believe Mr Earley was going to attempt to flee the area.  
Judge Mary Devins dismissed the careless driving charge and adjourned the hearing on the drink-driving charge to March 18 in order to hear evidence from Garda Colette Farragher.
On March 18, Garda Colette Farragher said she and Garda Mangan observed two males eating in McCormack Estate and some time later saw a car leave the estate at speed.
She said on stopping the car, Mr Earley, who was driving, seemed nervous and was trying to walk away from Garda Mangan. She said that while Garda Mangan was dealing with Mr Earley, she was on her radio checking details of Mr Earley’s car.
Judge Mary Devins dismissed the drink-driving charge, as she deemed the arrest of Mr Earley unlawful because he was handcuffed.