Monday 26 February 2018

Senator on drink-drive charge awaits test case result

Donegal politician Brian O Domhnaill
Donegal politician Brian O Domhnaill
Senator Brian Ó Domhnaill

Greg Harkin

A Fianna Fáil senator facing a drink-drive charge is awaiting the outcome of a test case being brought by Romanian national - who complained a read-out from a breathalyser should have been issued in both Irish and English, a court has heard.

Senator Brian O Domhnaill's case was called yesterday at Letterkenny District Court. The 38-year-old politician, from Killult, Falcarragh, is charged with drink-driving as well as failing to report an occurrence, failing to remain at the scene and failing to give appropriate information. The charges relate to an alleged incident at Tullygay outside Letterkenny on September 2, 2013.

Senator O Domhnaill's solicitor John Canon addressed the court in Irish. He asked for an adjournment, saying a test case was still before the High Court.

The case was adjourned until July 20 next.

The senator's case is one of hundreds held up in the courts awaiting the High Court legal challenge brought by a Romanian national who wasn't given details of a breath test in Irish.

Mihai Avadenei, (28), from Lioscianan, Swords, Co Dublin, had his case supported by a District Judge who has now referred it to the High Court.

Mr Avadenei was stopped at 12.50am on April 21 last year at Wolf Tone Quay in Dublin by Garda Francis McMahon.

Mr Avandenei was charged with drink-driving and released on bail. He appeared before the Dublin District Court last July where his solicitor Michael Staines argued his client should have been given a read-out of his breath test from the intoxilyzer machine in both Irish and English.

Mr Staines said the print-out submitted to the court was not duly completed within the meaning of the 2010 Road Traffic Act, as it was only in English.

Irish Independent

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