Corkman who drank 7 whiskeys in 45 minutes had cocaine in his jacket

Court imposes fine and prison sentence on Clonakilty man found guilty of being intoxicated and possessing cocaine

The duty manager at the Maritime Hotel in Bantry, Co Cork, told the court he had found Robert O'Donoghue  'curled up on the couch' in the hotel bar. Picture: Dan Linehan

A man who drank seven whiskeys in 45 minutes, with gardaí later finding cocaine in his jacket, has received a jail sentence of 90 days in prison.

Robert O'Donoghue of 2, Assumption Place in Clonakilty in Co Cork had argued through his barrister that the Maritime Hotel in Bantry had breached the licensing laws by serving him the whiskeys, that he had denied ownership of the jacket, and that hotel management, by at one point preventing him from returning to his room, had falsely imprisoned him.

O'Donoghue, who has 26 convictions, including serving four years for an offence which included possession of a firearm, had pleaded not guilty to the charge of intoxication in a public place at the Maritime Hotel on October 17 last, and not guilty to possession of cocaine. The drug was found by gardaí in a jacket he denied owning in a search at Bantry garda station.

O'Donoghue found 'curled up on couch' in bar

Alan Brooks, hotel duty manager, told Judge James McNulty that, on the day in question, he entered the bar and found a man "curled up on the couch". Under cross-examination by barrister Desmond Hayes, he clarified that O'Donoghue may not have been asleep, but he told the court his speech was slurred and he appeared disorientated. He went to get the general manager.

On Mr Books' return, O'Donoghue had left and was in the lobby, waiting for the lift. Mr Brooks said O'Donoghue "popped himself off the door" and was "bouncing" off the door. "He was very intoxicated," he told the court, describing how Mr O'Donoghue advanced towards his manager and put his hand on her shoulder twice, albeit not in an aggressive way, and he had intervened to "de-escalate the situation" and then called gardaí.

Gardaí arrived, at which point O'Donoghue was in a disabled toilet and, when he emerged, Garda Albert Sweetnam said he observed him as staggering and slurring his words and formed the opinion he was intoxicated.

Garda: Cocaine was found in pocket of jacket

Garda Sweetnam said O'Donoghue at first did not provide a name or details but later gave an address in Shannonvale, Clonakilty, and made no reply when arrested. Garda Sweetnam said procedures were followed and what proved to be cocaine and a key card were found in a clear plastic bag in the pocket of the jacket.

Mr Brooks had told the court he recalled O'Donoghue wearing a dark-coloured jacket, and under cross-examination Garda Sweetnam said  O'Donoghue had taken off the jacket and dropped it and he had picked it up and brought it to the garda station as Mr O'Donoghue was in his custody.

Judge declines suggestion that the man's intoxication was the fault of the hotel

CCTV footage was downloaded from the hotel and Mr Hayes said this showed a barman in the hotel serving his client a coffee and seven whiskeys from 11.08pm to 11.56pm. The court also heard the timestamping on the footage was an hour behind real time.

Mr Hayes said the serving of the whiskeys was not in line with licensing laws and that his client at one point entered the lift but management had stopped the doors from closing. Mr Hayes argued this was false imprisonment and the lift was not a public place. He also said his client had denied ownership of the jacket and had not taken it when released.

Judge McNulty declined defence submissions and no defence evidence was entered. Judge McNulty said the court was satisfied O'Donoghue had been intoxicated in a public place. "The court declines the suggestion from defence counsel that somehow this was all the fault of the hotel or the owner or the licensee and the implied suggestion that their possible breach of the licensing laws would give a defence to the accused for his intoxication," he said.

Court satisfied O'Donoghue was wearing jacket

The judge said the court was satisfied that Mr O'Donoghue had been wearing the coat and had attempted to discard it on the way way to the garda station and that it had been lawfully searched at the station.

Mr Hayes said his client had not drank since the incident, was looking to move overseas for work, but that Covid-19 had complicated this, and while he was not on welfare payments he was of limited means.

Judge McNulty convicted him of the intoxication charge and fined him €500 with six months to pay, and convicted him of possession of cocaine and sentenced him to 90 days imprisonment.

Recognisance for appeal were set at Mr O'Donoghue's own bond of €500, all cash, and a surety to be approved of €6,000, one third in cash. The surety was approved and his appeal has been lodged.