A drink driving case against a Claremorris man was adjourned for mention to the July sitting of Claremorris District Court so that it can be arranged that the doctor who took the blood sample from the man will give evidence in court. Michael Sweeney, 5 Bog Road, Ballinrobe, was in court to face a charge of drink driving after he was stopped on the old Ballindine Road, Claremorris, at 3.40am on September 3 last year.
A number of issues in the case was raised by solicitor for Sweeney, Mr Michael Acton, including the reason for stopping his client, why the garda who stopped him did not process his client and left it to another garda who was called to assist at the scene, and how the garda formed the opinion that his client was incapable of controlling a mechanical propelled vehicle.
Judge Mary Devins adjourned the case to hear evidence from Doctor Nash who took a blood sample from Sweeney, after a discrepancy arose about the time of the sample being taken. In her evidence to the court, Garda Olga Treacy told the court that the sample was taken from Sweeney at 4.33am, however in her notebook and statement it said that the sample was taken at 4.36am on the night in question. Upon examination of the certificate signed by the doctor in the station, Judge Mary Devins noted that the station stamp applied by Dr Nash had been stamped over the time he had written down on the certificate and that it was almost impossible to tell what time was written down and the only person who could clearly say for sure what time it said would be the doctor. The case was adjourned for mention to the July sitting of Claremorris District Court.
