A man who appeared at a recent sitting of Longford Circuit Court appealing the decision of the district court in relation to a
The court heard that the case
In his direct evidence to the court, Andy Weir, HSE Longford said that on the date in question at approximately
Mr Weir told Judge Johnson that he immediately contacted gardaí about the matter and when they arrived in Granard he spoke to the defendant.
“He was unsteady on his feet and appeared to be intoxicated,” he added.
Meanwhile, Garda Frank Fallon told the court that he was on duty in Edgeworthstown when he got the call to go to Granard on the date of the incident,
“When I arrived, I observed the vehicle parked in the car park at an apartment block; there was also an ambulance with two paramedics close by,” he continued, before pointing to the fact that the paramedics filled him in on what they observed on the journey from Killydoon to Granard.
“I spoke to the defendant and there was a strong smell of intoxicating liquor coming from his breath; he was also unsteady on his feet.
“The keys of the car were in his pocket, there
The court was then told that the defendant was subsequently arrested on suspicion of
Counsel for the defendant, Mr Gerard Groarke BL then pointed out to the court that the ambulance driver had indicated that it was
Mr Groarke also pointed out that his client did not have good English and did not understand Garda Fallon at the time of the incident.
“There was no interpreter present when my client gave a sample at the station either,” added Mr Groarke BL before indicating that an interpreter was present, however, when the defendant was being interviewed by gardaí.
In her direct evidence to the court, Garda Denise Dockery explained that she was the member in charge when the defendant was brought to the garda station on the night in question.
She said it was just before
“I called an interpreter by phone and she spoke to the defendant; at
The court then heard that the defendant was taken to a room at the garda station for the purpose of breath test at
Mr Groarke BL then asked Garda Dockery how it worked when an interpreter was contacted by phone to help with procedures at a garda station.
“The interpreter is put on
Counsel for the defendant then told the court that the driving appeared to have taken place at around
“The inference that can be drawn is not strong enough to warrant a sample taken at
Addressing Mr Groarke BL, Judge Johnson said that Garda Fallon clearly stated that he arrested the defendant at
He also pointed out that procedures in respect of the matter had been carried out between
“As far as this court is concerned it is possible to infer that procedures were carried out within the three hour period,” the Judge said.
During his ruling on the
“The evidence of the ambulance men is was that they observed him driving at
“The sample was taken at
Meanwhile, the Judge went on to say that an interpreter is made available so that the accused can understand his rights and what procedures will happen regarding him.
“Garda Dockery said she didn’t have any difficulty with communicating with the accused even though his English is broken and Garda Fallon said Mr Waclaw gave his name and address and was able to tell the Garda that he had been fishing earlier that day,” continued the Judge.
“I have no doubt that the accused knew exactly what was going on and I am upholding the district court appeal.”