‘Fully justified’: Garda handcuffed disqualified Longford driver as she felt intimidated

A 37 year-old disqualified driver, who came to the attention of gardaí when he reversed out in front of them, and who was handcuffed when a garda 'perceived a threat', has received a six year road ban.

Gerard Melia of Derrygowna, Lanesboro contested the charges at a special sitting of Longford District Court of drink driving, driving while disqualified and driving without a driving licence at Main Street, Ballymahon on January 11, 2025.

Garda Denise Dockery said she was on mobile patrol and an observer in a patrol car being driven by her colleague Garda Eamon Flanagan when the defendant's vehicle suddenly "reversed out in front" of them.

Garda Dockery said they followed Mr Melia who parked on Main Street and she got out and spoke to him in order to get his details.

She said the defendant, who was standing on several steps when she approached him, was 'non verbal' and he did not reply to her when she attempted to speak to him.

Also read: Longford father and son appear in court on fraud charges

Garda Dockery also said Mr Melia was at an elevated height and he "opened his shoulders and he puffed out his chest" during their interaction.

She said the defendant changed his demeanour and stance, which made her feel intimidated and threatened and she decided to handcuff him and she informed him she was going to arrest him.

A check on the Garda mobility device by Garda Dockery a short time later confirmed Mr Melia was in fact a disqualified driver who had received a four year driving ban a few years earlier.

The defendant was cautioned, arrested and brought to Longford Garda Station where a breath test gave a reading of 39mg of alcohol per 100ml of breath. The legal limit is 22mg.

The defendant had several previous convictions.

Solicitor Patrick Carty, defending, stated there was no threat or indication his client was going to evade gardaí when his client was handcuffed and arrested and he said without a justifiable reason for the arrest everything that followed should be null and void.

The legal representative cross-examined Garda Dockery and then addressed Judge Deirdre Gearty.

"The evidence was that there was a change in demeanour and stance, which was the way it was described almost struck me as someone bracing themselves, shoulders opening up and a change in expression, a reaction to bad news.

"Garda Dockery has given evidence that she perceived that to be a threat, but there is no threat voiced, there is no verbal threat implied or spoken, there is no evidence that his hands or arms are raised at all, which would certainly be alarming."

Mr Carty also said based on Mr Melia's recollection there were 'two-to-three' cars between his client's vehicle and the patrol car when he reversed out on the road and he put this to Garda Dockery.

Also read: Longford man fined for causing damage at Garda Station following 'mad night'

However, she disputed this and she was adamant there was no car between them.

The court heard the defendant, a single man, worked as a panel beater.

Garda Inspector David Jordan, for the State, addressed Judge Deirdre Gearty and said Garda Dockery had outlined in her evidence how he was elevated and  'she perceived a threat' and he argued that element alone justified her decision to handcuff him under the legislation.

"Garda Dockery outlined it was a near [narrow] stance, the facial expression, she outlined it was an elevated area she was standing in, she said there was non-verbal communication, she outlined she perceived a threat from Mr Melia and she stated it was her decision to put the handcuffs on, that it wasn't a policy decision."

Insp Jordan referenced a DPP v Peter Cullen Irish Supreme Court case where the court held that a Garda is permitted to use handcuffs if they genuinely believe it is necessary.

"I do believe Garda Dockery outlined perfectly why she decided in this case to put handcuffs on Mr Melia.”

Also read: Disqualified Longford driver 'was panicking' when caught driving while using mobile phone

Judge Gearty said she believed that Garda Dockery had been fully justified and she ruled against the defence.

"The guard was very clear in her evidence that she felt and perceived there to be a possibility of a threat and it's entirely reasonable and proportionate for her to do what she did on the night."

Mr Carty said his client would have to 'adjust himself and his work to deal with'  his new reality and the imminent penalty he was facing.

Judge Gearty convicted Mr Melia and she imposed a six year driving ban and an €850 fine with six months to pay.