A car salesman who accused two gardai of “telling lies”, was banned from the roads for a year in Athlone District Court this week (February 1 ) after being convicted of drink driving .
Mark Fahy (36 ) of Terlicken, Ballymahon, Co Longford was pleading not guilty to the offence which occurred on November 16, 2008 as he drove a few friends into Ballymahon for Sunday lunch.
Gardai saw his car arrive into town with trade plates in the windscreen, an offence on a Sunday, and approached the car to talk to him.
Garda O’Keeffe told the court he got a smell of alcohol off the defendant and when he failed the roadside test, arrested him and took him to Athlone Garda Station where he returned an intoxiliser reading of 42/100.
Garda O’Keeffe confirmed to defending solicitor, Mr Padraig Quinn, that it was the trade plates and not the driving that brought his attention to the defendant’s car.
However, his testimony that he had accompanied the defendant in the back of the Garda car as his colleague Garda Keith Harrison drove the patrol car was not accepted by Fahy.
Fahy gave evidence that Garda Harrison had stopped another car at this time and drove this back to Athlone.
Mr Martin Devine, who was with Fahy on the day in question, also gave evidence to back this up, and said he knew the driver of the other car that was stopped.
Fahy also contended that he had been left alone during the 20-minute period of nil-by-mouth observation (given in evidence as lasting from 14.45 to 15.05 ) in the Garda station prior to his intoxilyser test.
He also gave evidence that during this period, he made and received two calls.
Defending solicitor, Mr Quinn, produced a Vodafone bill that showed he made a phone call at 14.38 and received one at 14.46.
“I’m a 100 per cent certain he didn’t,” said Gda Harrison when this was put to him.
In cross-examination by Inspector Nicholas Farrell Fahy continued with his contention that the Garda evidence was incorrect.
“He’s tellin’ lies,” exclamed Fahy.
“I find it strange he can drive two cars...both of them are tellin’ lies.”
Mr Quinn sought a dismissal of the charge on account of the break in the period of observation, but Judge William Earley pointed out the 20 minutes “is best practice and not a must”.
“I accept there are inconsistencies but none of these have any bearing on the constituents of the case. I must convict,” said the judge.
He banned Fahy for 12 months and fined him €300.
