Judge’s anger at criticism of drink driving conviction rate

Judge Mary Devins stated last week in Castlebar Courthouse that she was ‘smarting’ at what she had read with regard to district court judges and their perceived role in the fact that only 40 percent of drink driving cases before the courts are resulting in convictions.
It was reported last week that out of more than 20,000 people due before district courts on drink driving charges between January 2013 and May 2015, a total of 6,709 were convicted. In Mayo the conviction rate stands at 37 percent between the same period with 190 drivers convicted out of 515 offences listed.
In their editorial on Tuesday, October 20, The Irish Times stated that a breakdown of regions with the highest level of prosecution failures ‘suggests the attitude of District Judges and their willingness to entertain arcane legal arguments are major contributory factors’. The editorial also stated that ‘many judges have come to regard themselves as Catholic bishops once did - as independent powers within their court areas’.
While not naming the publication, Judge Mary Devins told last Tuesday’s sitting of Castlebar that she was ‘smarting at something I read today’. She said all cases before the court were heard with ‘fairness and impartiality’.

Beyond reasonable doubt
Judge Devins said she operated on the basis that all cases against a defendant had to be ‘proved beyond reasonable doubt’ and not due to ‘arcane legal practices’ or ‘cultural norms’.
“[It’s] as if we endorse drink driving,”  she said.
Judge Devins made her comments during a case for drink driving which was struck out by the prosecution because the defendant was charged with having excess alcohol in a sample of blood despite giving a sample of urine when arrested.
The court had earlier heard that Gardaí were called to the scene of an accident on the N84 at Kilfaul, Partry on May 31, 2015 at 2.30am. Garda Paraic Naughton told the court that when he arrived he observed a car overturned and talked to Joseph Butler of Creeragh, Co Mayo who admitted being the driver.
Mr Butler was arrested for drink driving and he provided a urine sample with a concentration of 244mg of alcohol per 100ml of urine - over three times the legal limit.
Following the evidence Judge Devins pointed out the mistake in the charge sheet and reflected that these were the reasons judges could not convict all cases.
“This man was charged with excessive alcohol in his blood...I have heard evidence of urine. What are district judges supposed to do?” she asked.
When the anomaly was acknowledged by Superintendent Michael Cryan he said in the circumstances he was applying to strike out the case.