This article is from page 8 of the 2012-03-20 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 8 JPG
CLAIMS by a nurse that she was verbally abused in Ennis Garda Station have been described as an “appalling attempt to muddy the waters” by a Judge. Judge Patrick Durcan was speaking at Ennis District Court on Wednesday as he disqualified mother of two Jane O’Leary (55) from driving for a period of four years.
O’Leary, formerly of 10 Main Street, Clarecastle, and now living in Cork, was charged with failing to provide two specimens of breath at Ennis Garda Station on August 2, 2010.
The court heard that on the day in question, the accused was arrested in the Kilrush Road area of Ennis on suspicion of drunk driving. Garda Val McCormack told the court that after stopping O’Leary’s car, he got a “very strong smell of alcohol from her breath”. He said, “She appeared to be very intoxicated and drunk”. Garda Shane O’Connell told the court that he operated the intoxalyser machine at Ennis Garda Station when O’Leary was conveyed there. He said that she twice failed to provide a breath specimen when asked to do so in the doctor’s room of the station.
Solicitor for O’Leary, Tara Godfrey, put it to Garda O’Connell that her client would say that he called her a “dirty c***” as she attempted to provide a breath specimen in the doctor’s room. This was instantly rejected by Garda O’Connell. He said, “I did not say that. I would never say something like that.” Judge Durcan said he was disregarding the accused’s allegation and accepting what Garda O’Connell said. He said, “It is totally not acceptable that this allegation is thrown out in criminal proceedings.”
The court heard that in the 18 months since the accused was arrested, no official complaint was made to any garda authority. O’Leary, a nurse and psychotherapist, told the court that she had been “really upset and anxious” at the time. She said she “felt under pressure” to provide the sample. “He was calling me names under his breath and that upset me greatly, she said. She told the court that when she left the room, she told another garda about the alleged incident. “He said he would put the complaint upstairs. I didn’t follow it up.”
Describing the allegation as “reprehensible”, Insp John Galvin said, “I feel this allegation was brought up to muddy the waters and to cast aspersions on the character of a guard.” Insp Galvin told the court there was “overwhelming evidence” heard that O’Leary failed to produce a breath specimen.
Judge Durcan said, “A most appalling and serious allegation was made in the privilege of this court.” He said he was satisfied that the accused was guilty. He continued, “I regard this as the most appalling attempt to muddy the waters and to bring into question the character of a garda.” Judge Durcan added, “I am totally satisfied that all gardaí conducted themselves properly in the matter of this case.”
Ms Godfrey said her client had gone through a difficult separation and her life had “fallen apart” at the time. She said O’Leary had not realised that she could make an official complaint.
Judge Durcan said this was not believable as O’Leary was a “highly trained and qualified person”. He said only for the accused’s personal circumstances, he would have imposed a fourmonth prison sentence. He disqualified her from driving for four years and imposed a fine of € 1,500. Recognances were fixed in the event of an appeal.