Drug-driver caught speeding at 129km/h had child in back seat

Stephen Maguire

A man who was caught speeding at 129km/h with his child in the back seat and under the influence of cocaine has been put off the road.

Conall Shiels appeared at Letterkenny District Court in Co Donegal following the incident on June 23rd, 2024.

Garda Deirdre Connolly told the court she was operating a speed camera during the staging of the Donegal International Rally Weekend at Sharon Glebe on the N13 road.

A dark-coloured Lexus car was observed and registered by gardaí doing 129km/h.

Garda Connolly said she pursued the car, doing speeds in excess of 100km/h before activating her Garda lights, bringing the Lexus car to a stop at Moneyhaughley.

The Garda said she spoke to the driver, showed him the speed he was travelling at and then requested him to undertake an oral fluid test to check for the presence of drugs.

The test was taken, and after thirty minutes, a strong positive line appeared showing the presence of cocaine in the driver's system.

Shiels, aged 25, was arrested at 8.29pm on suspicion of drug-driving and taken to Letterkenny Garda Station.

Garda Connolly said Shiels' child was in the back seat of the vehicle, and the child was taken to the Garda Station and later collected by its mother.

A nurse was contacted at 9.21pm, and a short time later, a blood sample was taken from the accused.

Garda Connolly said her colleague, Garda Ray Hamilton, later sent the blood sample to the Garda Bureau in Dublin for analysis.

She gave evidence that the sample proved positive for the presence of cocaine.

Solicitor for the accused, Mr Donough Cleary, made two points to Judge Kelly as he sought a direction in the case.

He said that Garda Connolly did not give a time at which she stopped Shiels, of High Park in Derry, after she followed him when he was registered speeding.

He also claimed that there was no way to tell if the sample taken from the accused in the presence of Garda Connolly was the same sample sent off for analysis, as it was Garda Ray Hamilton who sent it off.

Mr Cleary said he accepted Garda Hamilton posted "something" and referenced "something", but Garda Connolly was not able to tell the court if the kit number of same was the one posted by Garda Hamilton.

"I know there is a tracking number, but that doesn't deal with what is in the box," he said.

Garda Inspector Johnny Sweeney replied that he did believe a time of stopping the accused was given.

On the issue of whether the same sample was in the box sent by Garda Ray Hamilton, Inspector Sweeney said there is a presumption that there is a chain of custody.

He added that there was nothing to prove to the contrary that the sample was not posted correctly and that the certificate before the court was not an accurate one.

Having considered the matter, Judge Paul Kelly said Garda Connolly gave evidence of the taking of the sample, and Garda Hamilton forwarded them on and had produced certificates for them, and on the face of it they are that.

He added that they were taken at the station on the same date and time, and that it fell to Mr Cleary to raise the contrary.

On the issue of the time, Judge Kelly said the time of the initial oral fluid test was given as 8.18pm and that he was satisfied overall that the accused had a case to meet.

Mr Cleary spoke on behalf of his client and addressed the issue of the cocaine, saying the reading was marginal and that Shiels claimed the drug had been taken two days previously.

The accused was a postman at the time but is now on social welfare and looking to do his Heavy Goods Vehicle licence.

Judge Kelly fined Shiels €200 and banned him from driving for 12 months on the drug driving charge and fined him a nominal €50 fine for the speeding charge.

"If he was paying more attention to his speed, then he might not be here," added Judge Kelly.