No CCTV cameras inside Newbridge Garda Station
This photo is for illustrative purposes only
THERE are no CCTV cameras inside Newbridge Garda Station, Portlaoise District Court heard during a contested drink-driving case last week.
The issue arose after counsel for the defendant argued that internal CCTV footage from the station could have been significant to the defence, as it may have assisted the court in determining whether his client’s account was consistent with, or contradicted, the evidence given by the arresting garda.
However, while a garda source confirmed that there are voice recorders available in every garda interview room, this would not be needed in a drink-driving charge, which is entirely procedural and does not require an interview.
Both Kildare Town and Athy garda stations have confirmed to the that they have CCTV in their interview rooms, but a spokesperson in Naas Garda Station declined to confirm one way or the other.
Opinions on the importance of such cameras differed among the Kildare-based solicitors contacted by this newspaper.
Naas-based solicitor Brian Larkin pointed out that “every interview is recorded”, whereas Kildare-based lawyer Seamus Boyle said: “If you are in for interviews, they should have the cameras running at the same time.”
Presenting his evidence to Portlaoise District Court, Garda Guinan said that while manning a mandatory intoxicant testing (MIT) checkpoint outside the garda station in Monasterevin at 12.20am on 20 April, he stopped a driver and asked him to provide a roadside breath sample, which returned a negative reading.
Garda Guinan said he got a strong smell of alcohol from the man’s breath and that when he was exiting his car, he was unsteady on his feet. He said he formed the opinion that the driver – Eamonn Flanagan (54), Ballinlough, Stradbally, Co Laois â was intoxicated to such an extent that he was incapable of driving a vehicle and arrested him on suspicion of drink-driving.
Mr Flanagan denied the charge and pleaded not guilty to the offence.
Garda Guinan said he brought Mr Flanagan to Newbridge Garda Station and introduced him to the garda in charge at the time, Gda Janice O’Gorman.
He said he informed the defendant that he was going to be breath-tested and that to get an accurate reading he would be observed for 20 minutes so that he did not consume or drink anything during that period.
Garda Guinan said the test results showed that Mr Flanagan exceeded the legal drink-driving limit when he returned a reading of 99mg of alcohol per 100ml of breath.
Defending barrister David Staunton BL asked whether Garda Guinan had been with his client from the time he was arrested to the time he was released later that morning, to which he replied that he was.
The barrister then asked whether his client had consumed anything while being driven from Monasterevin to Newbridge Garda Station, to which the garda replied ‘no’.
Garda Guinan said that when the defendant was in the garda station, he was with him at all times or in his line of sight and during the 20-minute nil-by-mouth period.
Mr Staunton put it to Garda Guinan that his client would say that he was not present and did not observe him during the 20-minute period before being breath-tested and said: “I asked for CCTV footage from the garda station, but I received none.”
Responding, Garda Guinan said: “There is no internal CCTV in the garda station. The Evidenzer breath-test machine is in the same room to which I brought him. I observed him at all times throughout the full 20-minute nil-by-mouth observation period.”
The barrister asked Garda Guinan what would happen if a person arrived at the garda station and caused an issue and later wanted a copy of the CCTV footage. Garda Guinan could not answer that question, adding that it is “a matter for garda management to say why there is no CCTV in the garda station”.
In his evidence, Mr Flanagan said that prior to being breath-tested, he had been introduced to Garda O’Gorman, who took all his details, but “didn’t see Garda Guinan until he asked me to blow into the machine (the Evidenzer). He was 100% not there”.
In response to questioning by Garda Sgt Hughes, Mr Flanagan said earlier that night he had been out at a family gathering where he had meal and had consumed two glasses of wine. Mr Flanagan said that he doesn’t usually drink and he had consumed the two glasses of wine some time around 8pm earlier that night.
Sgt Hughes reminded the defendant that it was four hours later that he had been breath-tested and returned the reading.
“I had a couple of glasses of wine and a pint of Heineken,” said Mr Flanagan, to which the sergeant replied: “So now it’s a pint of Heineken as well. You had alcohol taken on the night and Garda Guinan hadn’t. His recollection of events, I’d argue, would be better than yours.”
Mr Staunton said that because there were no CCTV cameras inside the garda station, it was basically his client’s word against Garda Guinan’s and that at the heart of the matter is whether the nil-by-mouth observation period was conducted properly.
He said that while a person may have alcohol taken, it’s not always the case that his or her recollection is clouded, adding: “Mr Flanagan is adamant that Garda Guinan was not present for the 20-minue observation period and we don’t have any CCTV evidence to prove that either way.”
Mr Staunton said that because of the lack of CCTV evidence, there must be a doubt in the case and asked Judge Andrew Gubbins to rule in his favour and give his client that doubt.
Sgt Hughes said: “There’s no CCTV footage. If it’s not there, it’s not there. The proper procedures were followed and the alcohol breath reading was 99mg/100ml.”
Judge Gubbins said that he accepted the evidence given by Garda Guinan and went on to convict Mr Flanagan of the offence. He asked whether the defendant had any prior convictions, to which Sgt Hughes said that in 2012 Mr Flanagan was convicted of drink-driving and received a three-year driving disqualification.
Mr Staunton said his client works as a lorry tipper driver and asked Judge Gubbins to be as lenient as he could when handing down sentence.
Judge Gubbins said: “The situation he is in is entirely of his own making” and went on to disqualify Mr Flanagan from driving for four years and imposed a €1,000 fine.
The judge fixed recognisance in the event that the defendant wished to appeal the sentence.
