Driver refused to give a blood sample because doctor was black

An East Clare farmer was banned from driving for four years after refusing to provide a blood specimen because the doctor designated to take the sample was black.

At Ennis Circuit Court, Judge Carroll Moran said he was “really appalled by John McNamara’s conduct and attitude” toward the doctor.

He said McNamara’s reasons for not providing a sample to the doctor “were quite objectionable” and upheld a fine of €2,500 imposed on McNamara in the district court.

At the circuit court yesterday, McNamara was appealing the district court conviction and in evidence yesterday, Garda Jarlath Hardiman told the court that McNamara, of Raheenabeg, Killaloe, was brought to Killaloe station on suspicion of drink driving on the night of Aug 19, 2012.

Garda Hardiman said that a Garda patrol car had detected McNamara’s car “wobble” a couple of times on the road near Killaloe. Garda Hardiman said that McNamara’s speech was slurred when he got out of his Mercedes car.

Garda Hardiman said when Dr Awadilla Abdelrrazig, from Sudan, arrived at the station to get a blood sample from McNamara, McNamara said: “I’m not letting that black doctor near me. I’m not letting him do anything to me.”

Garda Hardiman said McNamara was in an agitated state and later said “he’s black, he’s black, it’s not right”.

The witness said he has dealt with a substantial number of people brought into custody “but Mr McNamara was the most rude and obnoxious person I have ever come across in those circumstances”.

He said McNamara started to cry and told him the doctor was “dirty”.

He said he cautioned the prisoner as to his behaviour to the doctor and asked him to calm down. He said the accused allowed Dr Abdelrrazig apply a tourniquet to his arm to take blood and efforts were made to draw blood with a needle, but McNamara was restless in the chair resulting in Dr Abdelrrazig not being able to take a sample.

Garda Hardiman said that at 4.11am, McNamara said: “I can stay here all night, but I’m not giving blood or piss and I’m not giving a sample to this doctor.”

In evidence, Dr Abdelrrazig said that McNamara “was making inappropriate comments to me and said that he wasn’t giving blood to a black doctor. He also said that he doubted that I was a doctor”.

Dr Abdelrrazig said that McNamara “was very, very restless and not co-operating and I formed the belief that it was not safe to take blood because he was moving around so much”.

Counsel for McNamara told Dr Abdelrrazig that his client “wishes to apologise to you and what he said to you on the night he deeply regrets”.

McNamara did not provide evidence yesterday after his counsel failed with an application to have the case dismissed after the State’s evidence had concluded.

The court was told that McNamara is a divorced farmer in his 50s and the disqualification will have a massive impact on his life.

In response to a request from Mr McNamara’s counsel, Judge Moran granted a six-month postponement to the driving ban.