Defendant says garda’s version of events is ‘bollocks’
Carlow Courthouse Photo: Michael O'Rourke
A 21-YEAR-old Carlow man who loudly declared a garda’s evidence to be ‘bollocks’ in open court was sentenced to four months in prison after a judge said his demeanour on camera footage did not reconcile with his version of events.
Barry Nolan, Oakhill, Palatine Road, Pollerton appeared before Judge Geraldine Carthy at Carlow District Court charged with having no insurance, refusing to give an oral specimen and wilful obstruction of gardaí following an incident on 14 May 2025.
Garda Miller told the court that he and Garda Keane were on patrol in Carlow town in a vehicle fitted with ANPR recording equipment when he noticed Mr Nolan. “To me, what it looked like was a driver who tried to conceal himself when we drove past. That was what initially caught my eye,” he said.
The system returned no insurance, no tax and no valid NCT for the vehicle. The car then accelerated away, forcing the gardaí to give chase before turning onto the Old Dublin Road, where it swerved to the right, mounted the kerb and came back down onto the road.
What happened next would become one of the more vivid details of the case. “He immediately jumped out of the driver’s seat and chugged a whole bottle of water, squeezing it and forcing it down his neck,” Garda Miller told the court. Garda Keane corroborated this, noting that Mr Nolan “drank a bottle of water quite quickly – he seemed determined to drink it as quickly as possible”.
Garda Miller said he informed Mr Nolan that the vehicle had no insurance and then produced an oral swab drug-testing kit, outlining the penalties for refusal. The defendant immediately became argumentative. “There’s no law in this country where I have to do a swab on the side of the road,” Mr Nolan reportedly told the gardaí, a position he maintained for four to five minutes of continued argument.
Eventually, the court heard, Mr Nolan said: “I didn’t need to stop for you in the first place, I’m not giving you anything” before pausing and asking: “If I do give a sample and it’s positive, what happens?” When told he would be arrested on suspicion of drug-driving, he handed the swab back and said: “Well, I’m not doing it.”
Garda Miller placed his hand on Mr Nolan’s shoulder and informed him that he was under arrest. What followed, the gardaí said, was an attempt to flee.
Mr Nolan swung back his arm to break the grip, ran to the side of his car, then back towards the garda car, where Garda Miller grabbed him again. The defendant then “grabbed me by the vest, leaned back and raised his right arm in what I believe was an attempt to punch me,” Garda Miller said, adding that he warned Mr Nolan that he would be pepper-sprayed if he did not stop resisting.
The situation was further complicated when a female passenger got out of the vehicle and placed herself between Mr Nolan and the gardaí, punching and kicking Garda Keane. “I put her to the ground with the intention of arresting her,” Garda Keane said, “and when I turned around, I could see Garda Miller couldn’t get control of Mr Nolan.”
Additional units were called to the scene. Mr Nolan was subsequently conveyed to Carlow Garda Station, where a lawful demand for a blood sample was made and also refused.
“It’s unsanitary. I’ve never heard of having to give blood in a garda station before,” he reportedly said at the time.
The court was not without drama during the hearing itself. When Garda Miller was giving his account, Mr Nolan could no longer contain himself. “This is bollocks,” he said loudly, before adding: “He’s telling lies.”
Judge Carthy intervened firmly: “Mr Nolan, this is a formal warning. If you interrupt again, I will ask you to leave,” she said, at which point he apologised.
He had also muttered audibly on a couple of occasions during Garda Keane’s evidence.
Mr Nolan gave evidence in his own defence, insisting that he had not attempted to flee the scene. “There were two kids in the car and she was pregnant. What was I going to be doing, fleeing the scene?” he said.
He demonstrated to the court what he said was his reaction to being grabbed, leaning back with his hands raised. He claimed he was “roughed up” by the gardaí, struck across his ribs and that his resistance was involuntary. “Every muscle in my body went loose; I didn’t resist. I never resisted. I never put my hands on any guard,” he said, adding: “I swear on that book I didn’t try to flee.”
When it was put to him by the state that he had been fully aware that the gardaí had certain powers and he had refused to comply, he replied: “I was fully aware. I chose not to.”
Footage from a camera was played for the court. Judge Carthy said she was satisfied on the evidence and the footage. “Garda Keane was very clear in respect of what happened,” she said, adding that Mr Nolan's own evidence – that he did not wish to be touched – did not hold up. “If you are being arrested, you are going to be touched.”
The court heard that Mr Nolan has five previous convictions, including one for failing to produce a urine or blood specimen, a conviction for possession of drugs from March 2025 and a four-year driving disqualification dating from December 2025.
In mitigation, solicitor Joe Farrell said that on the camera footage Mr Nolan had been “somewhat respectful” before the situation escalated, largely when the female passenger exited the vehicle. Mr Farrell asked the court “to spare custody, if at all possible”.
Judge Carthy convicted Mr Nolan and imposed a fine of €500 for failing to provide an oral specimen. The no insurance offence was dismissed. On the more serious charge of wilful obstruction of gardaí under section 93, she sentenced him to four months’ imprisonment, without suspension. “I won’t endorse this behaviour in this court,” she said.
She noted that had Mr Nolan shown remorse and entered a guilty plea, she would have considered suspending the sentence.
Mr Farrell applied for bail pending an appeal, with terms of a €500 own bond, which was taken up.
