Longford Courthouse
A defendant accused of failing to provide a breath sample when asked to do so by gardaí will return before Judge Bernadette Owens in early July to allow further evidence to be submitted to the court.
Edgaras Didika of 42 Drumalee Manor, Cavan, faces a charge at Longford District Court that on August 3, 2022 at Longford garda station he failed to provide a breath sample when it was requested.
The first State witness Garda Campbell Brennan outlined details of the case. Garda Brennan said that on the August date at 3:36am Longford garda station received two calls simultaneously.The first was regarding a road traffic accident at Clonagh, Mullinalaghta and the second was in respect of an alleged burglary in the same area.
Garda Brennan went to the site of the crash and spoke to the owner of the house Dominic Finnegan.
Mr Finnegan pointed to a black BMW that had crashed into a wall. Garda Brennan described the resting place of the vehicle as being “perched on a wall”.
The officer inspected the BMW, noting there was no driver, the interior lights and the headlights were on and the bonnet warm to the touch.
Garda Brennan asked the homeowner about the address of the second incident and was directed to a house 200 yards down the road. When the officer went to the second house there was a man in the front garden “shouting and swearing”. The witness said the man, Edgaras Didika, was repeatedly saying “f**k you” and banging on the door of the house.
Garda Brennan said: “On my approach he stopped and walked toward me.”
The Garda witness said because of the hour of the night and the fact that there was no other person in the vicinity he was satisfied that Edgaras Didika was the driver of the crashed car 200 metres away.
Garda Brennan said when he spoke to Mr Didika he noted the smell of intoxicant liquor from his breath, that he was unsteady on his feet and his speech was slurred: “It was 4am and I informed him it was my opinion he was intoxicated to such an extent he was unable to be in control of a vehicle in a public place and I arrested him for drink driving.”
The officer said Mr Didika continued to swear at him and his colleagues, so he was placed in handcuffs and brought to Longford garda station.
In the station the defendant refused to give a breath, blood or urine sample. He was described as “highly intoxicated and very aggressive” and “using expletives all the time”.
Solicitor for the defendant, Frank Gearty, put it to the witness that the accused maintained he was a passenger in the vehicle when it crashed. Garda Brennan replied, “I can't recall him saying that at the time.”
Mr Gearty said, “Is it fair to say Mr Didika's behaviour is consistent with someone who was in a car that was driven into a wall?”
Garda Brennan replied, “He was the only person in the area at the time.”
The solicitor put it to the witness that he had “no basis for forming the opinion Mr Didika was driving”.
The Garda said that he had no recollection of the defendant ever suggesting he was not the driver on the night.
The second State witness, Garda Lorraine Shields, gave evidence of operating the Evidenzer machine on the night of the incident. The Garda said Mr Didika did not provide a sample: “He refused to give me a sample. He stated point blank that he was not going to give one and he told me to F off.”
Mr Gearty called his client to the witness box to give evidence. The defendant said he is a Lithuanian national who works in a garage in Gowna. The defendant said he is a car mechanic.
Mr Didika said on the day of the alleged offence a customer called Martin from Bulgaria called in to him. Martin had a bottle of whiskey and they had a barbecue. He fell asleep in his car and woke up after the crash.
He said he did not drive the car, but the other man, Martin, was the driver.
Mr Gearty asked the defendant if he had any intention of going to Granard. The defendant replied: “No, I wasn't driving the car when it crashed.”
The defendant admitted being angry when he woke to find his car crashed and said his efforts to find the driver, Martin, were unsuccessful. He said: They never asked me who was driving the car. I said I wasn't driving. I'm sorry for my bad language.”
An issue arose regarding the defendant's signing of a bail bond, which Mr Didika only did after getting legal advice.
Judge Owens said it was necessary to have evidence from the Member in Charge at Longford garda station on the night of the incident before the case could progress. The judge adjourned the matter to July 11 next.
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