A man jailed in December for six months and disqualified from driving for 10 years for supposedly driving at a squad car, had his ban lifted and his sentence postponed until July, after an appeal judge accepted this week (May 18 ) he “didn’t drive at the officers”.
Edward Beatty (43 ) of Barrymore, Kiltoom, Co Roscommon was appealing his sentence to Judge Michael White in the Circuit Court this week.
Sergeant Cormac Moylan gave a brief outline of the facts as heard in the initial case, that Beatty had been observed by gardai on a cul de sac in Bogganfin on April 27, 2009 that was known to be frequented by drug users.
Beatty was known to the two gardai in the car, and the court heard how they had to swerve to avoid him as he exited the lane.Whilst passing the Garda car he was seen putting something in his mouth, and when stopped a short time later, admitted swallowing a bag of heroin, Sergeant Moylan explained.
Defence barrister, Mr Steven Byrne, told the court on Tuesday his client was an “habitual user” of heroin for the last 15 years, but “has been engaged with Merchant’s Quay [addiction treatment facility in Dublin] since January and has been giving clean urines”.
Mr Byrne explained on the day in question his client had panicked when he saw the gardai and had been immediately co-operative. He told the court how Beatty lived at home in the country with elderly parents and was “the only one at home who could manage a car”.
“My client was working up until January 2009 with the OPW painting Garda stations before being let go,” said Mr Byrne.
In his own evidence, Beatty said he wished to do the Leaving Certificate before attempting a third level qualification in community work.
“I brought shame and embarrassment on the family,” said Beatty, before adding he had a clean driver’s licence for 20 years before this incident.
“The court is satisfied Mr Beatty didn’t drive at the officers and considering the circumstances he finds himself living in the country, I’m going to lift the disqualification order,” said Judge White.
“Concerning the imprisonment, I’m favouring a particular structure [for dealing with it] and I will put it back for a probation report until July 20.”
“If the probation report is favourable, Judge Kennedy can suspend the sentence. If it’s unfavourable he’ll have to come back to me.”
