This article is from page 75 of the 2008-09-23 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 75 JPG
A DRINK driving case against an Ennis man has been dismissed after a solicitor claimed a “material flaw” existed in the State’s case against his etal m
Patrick Barrington (26), of Cloni- na, Cree, Kilrush, was charged with drink driving at Kilrush Road, En- nis, on February 17 last.
Mr Barrington contested the charge at Ennis District court last Thurs- day.
Garda Seamus Gleeson told the court he stopped the accused’s car, a black Lexus, because he noticed a large exhaust on the car.
After he stopped the car, Garda Gleeson said he noticed “strong smell of alcohol” from the accused’s breath. Garda Glesson said he first asked Mr Barrington to produce proof of the vehicle’s insurance.
Garda Gleeson said he also no- ticed that Mr Barrington’s eyes were glazed.
The court was told that analysis of a sample of breath produced by the defendant showed a concentration of 57 mgms of alcohol per 100 mls of lyesrlaee
Defending solicitor Daragh Hassett said that contrary to Garda Gleeson’s evidence, his client had insisted that
he had never been asked to pro- duce any documents when he was stopped.
Pointing to his client in the court- room, Mr Hassett said that Mr Bar- rington worked as a welder and as such his eyes often appeared glazed over.
“His red eyes are a result of his pro- fession. He looks like someone who is hungover in here, doesn’t he?” added Mr Hassett.
Mr Hassett said that the fact that Garda Francis Brennan, who was the member in charge at Ennis Garda Station on the night in question was unable to appear in court, amounted to a defect in the State’s case. “I re- serve the right to cross-examine him,” said the solicitor.
Judge Joseph Mangan dismissed the charge against Mr Barrington.