GAA star sees case adjourned again
Mr Mulligan, aged 34, of Church St, Cookstown, Co Tyrone, is contesting a charge of refusing to provide a blood or urine sample at Listowel Garda Station when ordered to do so by a garda after being arrested on suspicion of drink-driving in Listowel town centre on August 29, 2014.
He had been attending a wedding in the town on the occasion of his arrest, he told the court in September. Mr Mulligan said he had drunk one glass of wine with his meal.
Mr Mulligan said he did not give a blood or urine sample because he did not believe the doctor who was called to the station to take the blood sample was in fact a doctor.
Gardaí said he was abusive to the doctor.
Mr Mulligan also said he was unable to give a breath sample because of an injury to his ribs in a match the previous week, and medical evidence to that effect was handed in to court in September.
When the matter was called at Listowel District Court yesterday, Garda Supt Dan Keane told Judge James O’Connor he wished to reply to submissions made already by Mr Mulligan and his solicitor, John O’Dwyer.
Judge O’Connor said this would have to be in writing. A two-page submission was handed in after the lunchtime recess.
Case law from both sides has also been handed in to court.
After lunch, Mr O’Dwyer, who is the son of former Kerry footballer and manager Mick O’Dwyer, said he would need time to study what it was the State was saying and it was only fair that he should be allowed this, as the State had previously been afforded an adjournment to study his submissions.
Mr O’Dwyer said Mr Mulligan was in court and had travelled from Tyrone.
Judge James O’Connor agreed to adjourn the matter to April.
The matter has been adjourned a number of times:
- In November Mr Mulligan was unable to travel and an adjournment was sought before the court date;
- In May the doctor in the case was himself ill and the hearing was adjourned to September.
It is not clear whether a decision will be made in April as further legal argument may yet be submitted. Judge O’Connor yesterday told both sides they will have to exchange any further documents prior to the adjourned date.
Mr Mulligan has been remanded on continuing bail.




