Judge blasts ‘hip-flask defence’ in hurler’s drink-driving case

A drink-driving case was dramatically dismissed against a two-time All Star hurler last night after his uncle admitted giving him whiskey after the sports star had knocked down a pedestrian.

District court judge Eugene O’Kelly blasted Mark Foley and his uncle Jerry Foley — a former garda — after Mr Foley’s defence counsel used the so-called ‘hip-flask defence’.

After dismissing the State’s case, Judge O’Kelly said he was “gravely concerned there was cuteness and conniving between the uncle and his nephew”.

Addressing Foley’s solicitor, the judge added: “He [the accused] told a lie to cover his uncle. He said he had consumed alcohol four or five hours earlier when he knew he had consumed the whiskey [at the hospital].”

Earlier, Mark Foley admitted not telling investigating gardaí that his uncle had given him a miniature bottle of whiskey prior to him providing a breath sample. “I didn’t want anyone else involved. I was being charged with drink driving... I was being breathalysed. I knew I had failed [the breath test],” Mark Foley told the court.

Garda Brian O’Leary said he got a call at 3.30am on Oct 16, 2010, that a man had presented at the Regional Hospital, Limerick, claiming to have struck a pedestrian.

At 3.45am, under caution, Foley, aged 37, of Abbey-view, Adare, Co Limerick, told Garda O’Leary he had been driving at 2.20am when he hit a man walking along a road near Newcastle West. Foley told the court the man “fell out onto the road”.

Mark Foley said he drove the man to hospital.

After failing a roadside breath test outside the hospital, Mr Foley failed a second at Henry St Garda Station at 5.18am and 5.19am.

The result showed 37mg of alcohol per 100 millilitres of breath, a relatively low reading, the court heard.

Mr Foley also admitted he may have had a glass of wine earlier that night.

The ex-hurler was convicted in February this year of failing to report the accident to gardaí immediately after knocking down the man. He was banned from driving for 12 months.

Last night Jerry Foley told Limerick District Court he travelled to Limerick Regional Hospital from his home in Ennistymon after Mark had telephoned him asking for his help.

“He [Mark] was stressed out... I asked him had he been breathalysed, he said ‘no’,” the ex-garda said.

Jerry Foley said he gave Mark the whiskey in a cup of coffee because the GAA star “wasn’t looking well” and “sick in his stomach”.

Prosecuting Garda Sergeant Donal Cronin told Jerry Cronin that “it beggars belief” he would give his nephew alcohol in this set of circumstances.

The judge described the hip-flask defence as a “notorious” one, which had been put forward by the defence, but the State could not contest it. Jerry Foley said he was not familiar with the term when he was a serving garda.

John Herbert, solicitor for Mark Foley, said the result of the breath test “was consistent with the shot of whiskey been consumed”.

Judge O’Kelly said he had to accept that the whiskey had put the accused over the limit as the State could not dispute the evidence.

“I don’t accept the evidence of the uncle that he is not aware of the hip-flask defence.”

He said it gave him “no pleasure” to make the order dismissing the case.