Ballyhaunis man pepper-sprayed after being caught drink driving

A man who had to be pepper-sprayed after refusing to be handcuffed has been disqualified from driving. Sinval de Oliveira Santos of 17 Abbeyvale, Ballyhaunis, was disqualified for drink-driving despite his solicitor arguing that his case had been prejudiced by unfilled paperwork.

On March 17, 2023, at 11.35pm, Garda Mervyn Forde was on duty in Main Street in Ballyhaunis when he saw a silver BMW driving over the speed limit. Garda Forde deployed blue lights on his patrol car before following the vehicle onto Abbey Street before it turned left at Station Rise without indicating.

The vehicle continued on Station Rise before turning left onto Abbeyvale estate without indicating. The vehicle travelled a total of 750 metres while being followed by Garda Forde before driving into a driveway behind a parked car at 17 Abbeyvale.

Garda Forde got out of his car and spoke to the driver, who identified himself as Sinval De Oliveira Santos. He handed the keys of his vehicle as requested to Garda Forde, who then was asked why he didn’t stop his vehicle in response to the blue lights. “No problem,” Mr Oliveira replied.

Warning

While speaking to Mr Oliveira, Garda Forde noticed a large number of alcohol bottles and cans behind the passenger seat of his car. Mr Oliveira’s pupils were also dilated and he also had a smell of alcohol from his breath.

At 11.40pm, Garda Forde formed the opinion that Mr Oliveira was under the influence of alcohol and arrested him. While inside the Garda patrol car, Mr Oliveira again said there was ‘no problem’ and tried to exit the vehicle.

Garda Forde refused to let him leave, telling Castlebar District Court that he thought he would try to flee. He explained to Mr Oliveira that he was under arrest on suspicion of drink driving and made numerous attempts to handcuff him.

Garda Forde then produced incapacitant pepper spray and warned Mr Oliveira three times that he would have no option but to use it if he continued to resist.

Mr Oliveira then caught Garda Forde’s sleeve before being warned that he would use his pepper spray if he did not let go. When Mr Oliveira refused to let go, Garda Forde used his pepper spray on Mr Oliveira just as his housemate, Lima de Jesus, arrived out of his house.

Housemate interpreted

Garda Forde explained what had happened to Mr Jesus, who spoke good English, who then acted as an interpreter for Mr Oliveira.

Despite Mr de Jesus’ explanation, Mr Oliveira refused to be handcuffed for between two and three minutes before he eventually complied.

Mr Oliveira was then placed in the rear of the patrol car and was told by Garda Forde not to rub his eyes. He was also told that opening and closing them would alleviate the pain caused by the pepper spray.

Garda Forde then conveyed Mr Oliveira, who was accompanied by Mr de Jesus, to Claremorris Garda Station. After being introduced to Garda Maura Hopkins, Mr Oliveira was then brought to the doctor’s room in the station, where he provided two breath specimens at 1.15am.

Through Mr Jesus, Garda Forde explained that Mr Oliveira would be liable to a €5,000 fine or six months in prison for refusing to provide a specimen. The test returned a result of 40mg of alcohol 100ml breath.

At 1.26am, Mr Jesus and Mr Oliveira were brought to the custody suite before Garda Forde dropped the two men home.

Prejudice

Defending her client, who was not present in court, solicitor Cathy McDarby said Mr Oliveira did not understand what instructions he was being given.

The court heard that Mr Oliveira is a Brazilian national whose first language is Portuguese. He works in a local meat factory in Ballyhaunis and has no previous convictions. Ms McDarby argued that an official interpreter should have been sought for her client and noted that the relevant garda form for dealing with foreign nationals had been left blank. A section of the custody record had also not been filled in as required under law, she added.

Garda Forde did not dispute this, but insisted that Mr de Jesus ‘understood perfectly’ his instructions before relaying them to Mr Oliveira.

Ms McDarby argued that her client had been ‘prejudiced’ by gardaí omitting to fill out all of the relevant paperwork.

Speaking on behalf of the State, Inspector Colm Mac Donnacha said that the interpretation provided from Mr de Jesus to Mr Oliveira was correct, given that the latter complied with Garda instructions.

Insp Mac Donnacha said the omission of the aforementioned paperwork would only be relevant where the trail of the accused would be prejudiced.

Judge Vincent Deane said it could be argued that there was ‘a level of prejudice’ if Mr Oliveira refused to comply with garda instructions because he did not understand them.

However, Judge Deane ruled that he had not been prejudiced given that he subsequently complied with garda instructions. He imposed a one-year disqualification from driving and a €400 fine with six months to pay.