Drink-drive case fails over cuffs

A suspected drink-driving case was dismissed yesterday because of the handcuffing of the motorist while he was in the Garda patrol car.

Defence solicitor Dan Murphy submitted that two gardaí were at the scene and that one of them assessed the driver, John Bowen, aged 44, from Myrtle Hill, Ballygarvan, Co Cork, and found him fully co-operative and considered that he posed no risk so she decided there was no need to handcuff him in the back of the patrol car.

Mr Murphy said that the second garda, who had been dealing with the defendant’s car, made no assessment of the accused but decided to handcuff him as a matter of routine.