Monday 18 December 2017

Judge removes ban on appeal


A BUSINESSMAN arrested for drink driving hours after identify the body of his brother who died in tragic circumstances, had a driving ban removed by Judge Barry Hickson at Wexford Circuiit Court.

Michael Hayes, 87 Pineridge Wexford was convicted in the District Court of driving with excess alcohol at Distillery Road on October 30, 2010.

He was fined €300 and banned from driving for a year.

During an appeal hearing in the Circuit Court last week, his counsel Sinead Gleeson, B.L. submitted that the prosecuting garda did not give specific evidence of driving at Distillery Road.

The case was adjourned overnight to allow a courtroom recording of the evidence to be checked.

The following day, Judge Hickson that there was a doubt and the defendant was entitled to benefit from it.

Removing the disqualification order, the Judge commented that the defendant had a tough day that day in any event.

The court heard that the defendant left his parent's house close to the Garda Station in Grogan's Road in the early hours of the morning and got into his jeep.

He was observed by a garda who was leaving the station to go on mobile patrol.

The garda followed him and arrested him on the road outside Browne's of Bishopswater.

There was lengthy legal argument over whether the address of Distillery Road on the summons was correct.

Ms. Gleeson contended that it was Bishopwater but after viewing a map tendered into court by the gardai, Judge Hickson said he was quite satisfied that the offence occurred in Distillery Road.

The defendant subsequently gave a breath sample which showed a concentration of 42 mcg per 100ml of breath. The legal limit is 35 mcg.

In cross- examination by Ms. Gleeson, the gardai said she was now aware that the defendants' parents lived beside the Garda Station.

Ms. Gleeson asked if she knew the defendant had attended at the garda station that day to make arrangements to identify the body of his brother who sadly died in tragic circumstances.

The garda said she was now aware of that.

Ms. Gleeson said her client had had just left the home of his parents' where people had called to sympathise.

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