Corkman had to be restrained by four gardaí at scene of crashed car

Accused refused to leave the scene of the crash on the South Link Road and 'violently resisted arrest', court heard

Accused denied he drove the car that crashed but said he was a passenger and  the driver fled, court told. Picture: Denis Minihane

It took four members of An Garda Síochána to arrest a 50-year-old man standing on the side of a busy road beside a crashed car and now the accused has accepted his behaviour was “beyond unacceptable”.

Vivian Mackessy, of Liam Heffernan Terrace, Castlemartyr, Co Cork, denied he drove the car that crashed but said he was a passenger and  the driver fled. He claimed his anxiety on the night was about the safety of the driver who had fled.

Now at Cork District Court he has avoided a jail term by getting a five-month suspended sentence for obstruction and resisting arrest, a community service order of 200 hours for failing to leave the scene when directed and a €300 fine for being so drunk that he was a danger to himself or others.

Frank Buttimer, solicitor, said: “He accepts his conduct was beyond unacceptable. In a slightly mitigating sense, he is not accused of assault. 

"He did obstruct the gardaí in their duty but the offence did not elevate to assault.” 

Judge Olann Kelleher commented: “He violently resisted and four members of An Garda Síochána had to restrain him.” 

Sergeant Gearóid Davis outlined the background to the case which related to an incident at about 8.30pm on November 26, 2022.

Crashed vehicle

“The defendant was encountered by Garda Ian Lester and Garda Kate Kelly who were in the Togher patrol van on the eastbound lane of the South Link Road, Douglas exit from Kinsale Road roundabout, where there was a crashed vehicle 

“The defendant said he was not the driver. He refused to say if he had anything to do with the car. There was a strong smell of alcohol from his breath and he was agitated and unco-operative.

“He was directed to leave the area under the Public Order Act, particularly given that it was on the side of a very busy road where roadworks were present.

“He eventually left the scene but returned.

“He ignored Garda Lester and walked towards the car. Garda Lester arrested him for being drunk and a danger and refusing to leave the scene when directed.

“The defendant violently resisted being arrested and other units were called to assist in the arrest of the defendant. Four members of An Garda Síochána had to restrain him and one member had to use pepper-spray on him to effect the arrest. He was conveyed to Togher Garda Station,” Sgt Davis said.