Kildare driver who accused gardaí of injuring him gets five month sentence 

A MAN who denied driving dangerously and accused gardaí of injuring him was jailed for five months, fined €1,500 and banned from the roads for two years.

Alexander Rusu (35) with an address given as Levittstown, Kildare contested a charge of dangerous driving at Athy District Court last week (26 May).

Prosecuting garda Padraig Minnock gave evidence of being on patrol at Levittstown at 6.10pm on 21 December 2024.

“This is the main Carlow-Athy Road, and at this stretch we have what we call a stepladder speed restriction, where it drops from an 80 to a 60 zone,” explained Garda Minnock.

“The defendant’s vehicle was at the rear of a queue of five vehicles, where he overtook four of them across a continuous white line, and over a hump in the road.

“I activated the lights and sirens and followed him, with speeds in excess of 150kph for 1.5 km.

“It was a marked patrol car, and so he pulled in at a farm and was arrested for dangerous driving.

“His reply to the charge was ‘my driving was not dangerous’.

“He was taken by patrol van to Naas Garda Station, and when taken out said ‘I want my embassy, my solicitor and my translator’.

“He claimed he had been injured by the aggressive driving of the patrol van.

“His partner was present, and she contacted the Romanian Embassy at 19.22.

“There was a 20-minute consultation through the interpreter, when handed his charge sheet he feigned like I was going to assault him, and wouldn’t leave the station for two minutes.” 

Defending barrister Anna Kelly cross-examined Garda Minnock.

“The step-down speed limit is 80 to 60, and back to 80 again?” she asked, and Garda Minnock agreed.

“My client’s position was that he overtook in the 80 zone,” she asserted.

“The initial overtake was what I took issue with, the second overtake I had no issues with,” said Garda Minnock.

“It was dark, it had rained earlier, and he had his pregnant wife in the car,” said Ms Kelly.

“He put his life, his wife’s, and the lives of other road users in danger,” said the garda.

“This was at the Bunbury Bridge in Levittstown.

“A subsequent Ombudsman investigation was thrown out.” 

Judge Desmond Zaidan then told Mr Rusu off for trying to speak over his barrister.

“If at the end of cross-examination you think there are a few things she left out, you can tell her then, otherwise contempt of court,” he said.

“So, you disagree with my client that there is no bridge on the R417?” asked Ms Kelly.

“It’s a matter of geographical fact – Bunbury Bridge – I have stood on that bridge on many occasions,” said Garda Minnock.

Ms Kelly sought a dismissal of the charges.

“I would seek a strike out on account of the differing versions between my client and garda evidence,” she said.

Judge Zaidan began his summation.

“Speeds of 150kph are incredible over a 10-minute chase,” he said.

“There is only one account of what happened, it was very concise evidence, he said he followed the defendant, not chased, and he said the pursuit reached speeds of 150kph,” said Inspector Jason Crotty on behalf of the state.

“The defence exercised its right to remain silent, so the onus was on the state,” noted the judge.

“The cross-examination was very able, I might add.

“The defence said there were discrepancies between the garda’s contemporaneous notes and evidence given.

“I can draw inferences if I can see what footpaths I can conclude.

“He didn’t require an interpreter here despite a previous demand for one … and I’m satisfied the state has proved its case,” he ruled.

Ms Kelly began mitigation, saying her client drives for a living, had been driving since he was 18. The court was told the man’s wife doesn’t drive, and he has no previous convictions.

“I ask the court to see the impact of not having a licence would have on Mr Russo,” said Ms Kelly.

“It was dangerous driving, he put his girlfriend’s life at risk, and the garda who had to pursue him, he contested the case, showed no remorse, it’s hard to see how he could be given any benefit,” said the judge.

“All courts in Ireland would not tolerate the possibility of life-changing injuries, and sadly, people do get badly injured by this behaviour, but courts do not have to wait for that to happen.” He then sentenced Mr Ruso to five months behind bars, and further €1,500 fine, and a minimum mandatory two-year ban “because of what you said”.

However, Mr Ruso’s family and friends were able to secure his appeal bond before 4pm, and he was released on station bail, with an appeal date in July.