FG councillor successful in overturning drink-driving conviction

A long-serving county councillor yesterday succeeded in having a drink-driving conviction overturned.

Fine Gael’s Cllr Michael Hegarty had last August resigned as chairman of Cork County Council’s Joint Policing Committee in the wake of his then arrest for a road traffic offence.

Earlier this year, Mr Hegarty, aged 52, of Monroe, Ladysbridge, Castlemartyr, was convicted at Youghal District Court following the incident at Ballymacoda, near Ladysbridge, in the early hours of Aug 21, 2012.

He had contested the case, at that time, on the grounds of being improperly arrested.

Judge Terence Finn, however, found him guilty in March and imposed a fine of €600 and a two-year driving ban.

Yesterday, however, at a sitting of the Circuit Court in Youghal before Judge Patrick J Moran, the case was appealed.

Questioned by state solicitor Malachy Boohig, the arresting gardaí, Killian Barry and Shay Lyons, had outlined how the appellant had avoided a checkpoint by diverting into a laneway and into a churchyard.

Following a short chase on foot, Mr Hegarty had later emerged from bushes on a nearby derelict property. He had allegedly admitted to consuming four drinks, claiming he had “panicked” on seeing the checkpoint and apologised to the gardaí.

Cross-examined by Gareth Sheehan SC, for the appellant, Garda Barry said he had subsequently placed Mr Hegarty, whom neither garda had recognised, in the back of a squad car.

The garda said the checkpoint had been mounted to combat burglaries, at that time. He had “formed an opinion a crime had been committed” and sought to investigate.

An alcometre test conducted on Mr Hegarty, while in the squad car, indicated a positive reading. He was brought to Midleton Garda Station for a further examination. Mr Hegarty, the court heard, had been cooperative throughout the process.

Mr Sheehan argued, in placing Mr Hegarty in the rear of the police car, he had been “unlawfully detained” by gardaí and “placed under effective arrest” without a valid reason having been established.

Quoting case law, Mr Sheehan said gardaí had the power to request the appellant’s agreement to be breathalysed prior to “unlawfully detaining” him in the squad car. But they failed to do so and, it was argued, “all subsequent events are, therefore, null and void”.

Mr Boohig insisted the appellant had been “lawfully detained and not arrested”, pending investigation of a possible crime.

Judge Moran, however, upheld the appeal.