A man jailed for failing to give a sample after attempting to get away from a Garda checkpoint, received some leniency in the Circuit Court last week after the judge accepted his problematic personal circumstances.
Fergal O’Rourke (58 ), of Mullaghcloe, Ballymore, Co Westmeath was jailed on May 25 for five months, banned for seven years and fined €2,500 on foot of his behaviour on the night of July 12, 2009. After seeing a Garda checkpoint in the village, he pulled a U-turn and drove off, but went down a cul-de-sac where, in the act of resisting arrest, he kicked a garda.
At the Circuit Court last week, State solicitor, Peter D Jones told the court that all other charges against O’Rourke had been withdrawn after he finally pleaded guilty to the charge of failing to give a breath specimen, in a case that took over two years, three defence teams and 17 adjournments.
“I wonder why it took so long? Was there any previous?” asked Judge Anthony Kennedy.
The court learnt O’Rourke had only been back on the roads for three months at the time of this arrest after a previous three-year ban from Trim District Court in March 2006.
O’Rourke’s barrister told how his client had spent 24 hours in the Midland Prison before he could raise the €3,000 bail demanded by the District Court.
He explained how O’Rourke was going through some “marital difficulties” and that one of his two children was “in remission from leukaemia”.
“Oh, alright,” said Judge Kennedy, before he cut the disqualification to four years, deleted the jail sentence, and abated the sentence to €500. He also postponed the commencement of the ban until October 31.
