A man has had his drink driving charge dismissed because he was handcuffed by a garda when arrested.
Monaghan District Court heard the man had been fully cooperative and was not acting in a threatening or violent manner when arrested.
In making his ruling, Judge Sean MacBride said he had taken note of a case in the Supreme Court, where it was ruled that gardaí had to show "reasonable force" while carrying out an arrest. Gardaí must therefore take account of the behaviour and demeanour of suspects before making a decision to use handcuffs, he said.
Defence counsel Ronan O’Carroll had pointed to the similarities between the case and that which the Supreme Court had ruled on, where the arresting sergeant had stated that his policy was to use handcuffs “as a matter of principle” .
In the case before the Monaghan court, the garda said he handcuffed all those arrested on suspicion of drink driving “as a matter of procedure” citing that his experience was that some people who were initially compliant could suddenly turn nasty.
Loren McMahon (26) of Fintully, Clontibret, Monaghan, had contested charges of driving while exceeding the alcohol limit, having no insurance, and dangerous driving, at Tirkeenan, Monaghan on March 2nd 2014.
Pauline Clarke of Castleblayney told the court she was parked at traffic lights at 9.30pm when she felt an impact from behind.
She got out of the car, as did the man in the car behind. He told her he had been on the phone. He had pleaded with her not to call gardaí and assured her that he would pay for the damage,she said. But Ms Clarke said she insisted on calling the gardaí.
Garda John Maloney said he had attended the collision . He noticed a strong smell of alcohol from Mr McMahon and bloodshot eyes. He arrested him on suspicion of drink driving.
He agreed that Mr McMahon had been cooperative at all times, but that he had been handcuffed while being arrested. Garda Maloney confirmed to Judge MacBride that he used handcuffs “as a matter of procedure”for health and safety of the gardaí and the public. His experience was that somebody who was cooperative could “turn nasty very quickly”.
The court heard the intoxilyzer test carried out by gardaí on the defendant had given a reading of 109mcg/100ml (legal limit 22mcg for qualified drivers).
Applying for a direction to dismiss on all three counts, Mr O’Carroll argued that the prosecution case must fall because of a ruling made by the Supreme Court (DPP versus Cullen).
Having read a copy of this ruling, Judge MacBride said he had to agree with counsel on this matter. Dismissing the insurance charge, Judge MacBride imposed a €500 fine on McMahon for careless driving.