Handcuff defence fails for drug-driver

The defence of a drug-driving case based on a recent Supreme Court ruling in relation to the handcuffing of a motorist proved unsuccessful yesterday as the young Cork driver was banned from driving for four years.

Mr Justice Niall Fennelly made the Supreme Court judgement in DPP v Cullen in which a driving prosecution was dismissed because the driver was handcuffed without reasonable cause which was deemed to be an infringement of his rights.

Frank Buttimer, solicitor, advanced this argument at Cork District Court yesterday in the case against Stephen Bulman, 24, of 3 McDonagh Road, Ballyphehane, Cork. Mr Buttimer argued Bulman was handcuffed when there was no objective reason for him to be handcuffed.

Gda Aidan O?Donoghue said he had two grounds for handcuffing the driver. Firstly, he believed from experience that a person under the influence of an intoxicant, including cannabis, could be unpredictable, so he felt that the defendant should be handcuffed for the safety of garda? conveying him to the station.

Secondly, the garda anticipated a more thorough drugs search at the station and he wanted to prevent any possible action that would obstruct that search.

Bulman was fined ?400 and disqualified from driving for four years. For having cannabis in his possession for his own use he was fined ?200.