Wednesday 28 September 2016

Gardaí told to adjourn drink drive cases ahead of appeal

Greg Harkin

Published 01/10/2015 | 02:30

Claire Loftus
Claire Loftus

The Director of Public Prosecutions wrote to senior gardaí yesterday advising them to seek adjournments in all drink-drive cases which are relying on a High Court decision delivered last month.

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The DPP is to appeal the ruling which could see hundreds of drink-drive cases thrown out of court. Mr Justice Seamus Noonan ruled that drink-drive suspects who were breathalysed at garda stations should have been given a print-out of the results in both Irish and English.

The decision to appeal the High Court ruling to the Supreme Court was welcomed last night by road safety campaigners.

Public Against Road Carnage (Parc) chair Susan Gray said she had written last week to DPP Claire Loftus, urging her to appeal the High Court ruling.

"The general public is furious with this High Court decision," said Ms Gray in her letter.

"It could result in hundreds, if not thousands, of drunk drivers avoiding criminal convictions and driving bans. They will walk free having learned nothing and will be back on our roads to endanger all our lives.

"We believe that the effect of that ruling will increase the number of deaths and serious injuries on our roads."

Ms Gray welcomed the decision to take the case to the Supreme Court, adding: "I know of one suspect who failed three breath tests on three different occasions who is relying on this case in the hope of getting off. I welcome the fact this is now going to the Supreme Court, where I hope it is overturned."

The case revolves around Romanian-born Mihai Avadenei, (29), from 60 Lioscianan, Swords, Co Dublin, whose solicitor Michael Staines argued should have been given a print-out of his reading in both English and Irish.

Irish Independent

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