A motorist who crashed his car and was investigated for suspected drink driving was asked to provide a urine sample in the garda station but he threw the jug into the toilet and laughed at the garda.
47-year-old Gerard Walsh formerly of 4 The Lawn, Gleann Na Rí, Tower, Co Cork, and now of Bakers Road, Gurranabraher, Cork, was convicted by Judge Marian O’Leary on the charge of failing or refusing to give a sample of blood or urine as required by gardaí in the investigation of suspected drink driving.
Judge Marian O’Leary disqualified him from driving for a period of four years for that offence and fined him €500. Other charges were dismissed for lack of evidence.
Garda Michael Abernethy testified at Cork District Court that members of the armed support unit happened to arrive on the scene of a Toyota Auris crashed at Bakers Road in Gurranabraher where the driver was attempting to drive away. Gerard Walsh was arrested and taken to Gurranabraher garda station.
Garda Abernethy said that during the processing of the matter the motorist was asked to give a sample of urine in a jug which was provided for that purpose.
“He threw the jug in the toilet. He turned around and started laughing at me," Garda Abernathy said. "He was given an opportunity to provide a blood sample. An attempt was made three times to take a blood sample – three times he refused. He then took his top off – he took off his t-shirt - and started pretending he was going to pass out," he added.
The witness clarified in respect of the alleged pretence at being about to pass out that what he saw was Mr Walsh fanning himself with the t-shirt he had taken off.
“Asked if he was drinking, he said, ‘You must be f***ing joking’," Garda Abernathy said. "He was out of all order on the night.
Garda Keith Aher said the defendant was very aggressive. “He was threatening he was going to kill Garda Abernethy and (others).
“When asked if he had recently attended a doctor, he replied, ‘f*** you’. Asked if he had any drug or alcohol dependency, he said, ‘mind your own f***ing business’.”
Defence solicitor, Michael Quinlan, challenged the legal basis of the case but when Judge O’Leary said the accused had a case to answer, the defendant was not called to give any evidence.
He was then convicted of the failure/refusal to give a blood/urine sample. The dismissed charges related to driving licence and insurance.