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.

Mr Murphy submitted that this was contrary to the key legal decision in this area set out in the case of DPP vs Cullen.

This judgement states: “It is unlawful to place handcuffs on suspects who are being arrested without giving any consideration of the context and in particular to the behaviour and demeanour of the individual being arrested.

“It is unlawful because as a matter of principle the police must use only such force as is reasonable in the circumstances.”

Arguing against that defence submission yesterday was Inspector Feargal Foley, who said: “We are not Mystic Meg. From 28 years’ experience in the force, a person can be nice as pie one minute but then suddenly they kick off.”

Judge Olann Kelleher said he had to take into account the High Court decision in the Cullen case. “I must dismiss the matter but I have huge sympathy with the two female guards who were out that night, two females at 2.15am,” said Judge Kelleher.

“I am not saying the guards were wrong but the Cullen case obliges me. The law from the Cullen case is clear.”

The judge dismissed the charged against Mr Bowen. He was charged with driving with excess alcohol at Cooney’s Lane, Douglas, Cork, on the night.