A DISTRICT COURT judge has claimed that a case in which a person was taken from a Garda station, while in custody, to a bank ATM machine to get money to secure a release on bail, has made “legal history”.
The defendant in the case at Monaghan Court was a 31-year-old woman who was arrested by gardaí after a breath test, taken when her car was stopped, had shown she was “marginally over the limit” for excess alcohol.
Garda Diarmuid Leane, Monaghan, gave evidence of stopping the woman’s vehicle after being aware that she was at a house party earlier on the night of April 4 last.
The court heard that after being cautioned, the woman had not sufficient cash on her person to secure her release on bail, and was taken by the garda in a patrol car to a cash dispensing machine in Monaghan town to get the necessary money, before she was formally charged.
Judge Sean MacBride accepted a submission by defence counsel Kenneth Kerins BL, instructed by lawyer Patrick Farry, that such a development in relation to a detained person was unique and totally contrary to the regulations, and he dismissed the charge, remarking that this was case which undoubtedly “makes legal history” in view of circumstances.
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