Laois man’s comment to garda was ‘attempt to pervert course of justice’
Image for illustration purposes
JUDGE Andrew Cody said that he considered a comment, made to a garda, by a man was “an attempt to pervert the course of justice.” What drew the judge’s comment came during the course of a case that garda Pat McGee, in his evidence, said that the accused, while being observed before taking a breath test, said to him: “How much would it take it to make a good Christmas for me.” The matter arose at Portlaoise District Court last week when civil servant Dermot McDonagh (54) from Masslough Meadows, Ballinakill pleaded not guilty and fully contested the charge of drink-driving that took place on the N77 at Rathmoyle, Abbeyleix on 7 December last.
Garda McGhee said that in the run-up to the Christmas crackdown on drink and drug-driving, he was part of the Operation Surround team that set up four mandatory intoxicant testing (MIT) checkpoints around the town of Abbeyleix and that he was stationed across from the fire station on the Portlaoise Road into Abbeyleix.
He said that he stopped a car being driven by Mr McDonagh, who failed a roadside breath test and said he formed the opinion that the defendant was incapable of being in control of a vehicle.
Mr McDonagh was taken to Portlaoise Garda Station. While awaiting the mandatory 20-minute observation period before taking an evidenzer breath test, without food or drink, garda McGhee said he observed the defendant place a tic tac sweet in his mouth, which he was asked to take out, which he compiled with.
“During this observation period, we had a general chit-chat,” said garda McGee. “He told me that he had gone for a few drinks, like he regularly does, with a few of his work colleagues. He asked me how much would it take to make a good Christmas for me. I told him that was inappropriate.” He said that Mr McDonagh had complied fully with all his directions and he had no issues with him.
Garda McGee said the results from the evidenzer test showed a reading of 61mgs of alcohol per 100mls of breath.
Defending, Colm Hennessy BL, instructed by solicitor Josephine Fitzpatrick, argued that Mr McDonagh’s solicitor had initially been given discovery papers and that the MIT authorisation sheet had indicated that the roadside checkpoint had been set up at the Manor Hotel and not across from the fire station.
Responding, garda McGhee apologised for that and said because there had been four checkpoints in the locality that evening, he had mistakenly sent the solicitor the wrong sheet.
Garda Sgt JJ Kirby said that while going over the case the day before the court, he spotted the wrong MIT authorisation sheet had been sent and emailed the other three.
Mr Hennessy described the error as “highly unusual and a little unsatisfactory.” Judge Cody agreed that it had been unsatisfactory, but ruled that the location of the MIT outside the fire station “is clear and unambiguous.” Sgt Kirby said that Mr McDonagh had one previous conviction for drink-driving, ten years ago in 2015.
Judge Cody asked Mr Hennessy if he wanted to say anything about Mr McDonagh’s remark to garda McGee about how much would it take it to make a good Christmas for him?
“The less I say on that, the better. If it was said, it was said. Garda McGee was dealing with somebody who was intoxicated and having a bit of banter,” said Mr Hennessy.
Judge Cody said: “I think it is a prima facia case. It was an attempt to perverse the course of justice. It’s up to the state what they do with that.” He went on to convict Mr McDonagh of drink-driving, fined him €2,500 and disqualified him from driving for four years.
