Folk singer Donovan convicted of dangerous driving at Cork Court

SIXTIES folk singer Donovan Leitch has been convicted of a charge of dangerous driving in Skibbereen, West Cork with the offence taking place on February 11 last after he attended a pre recording of the Tommy Tiernan show on RTÉ.

However, Mr Leitch (77) with an address at Castlemagner, Kanturk in Co Cork had a charge of failing to provide an intoxilyser sample to gardaí on the same occasion dismissed by Judge James McNulty at Skibbereen District Court in West Cork.

Judge McNulty said that the court accepted the validity of evidence of respiratory consultant Professor Oisin O’Connell.

Professor O’Connell, who carried out a series of tests on the Scottish national, said that Mr Leitch has severe COPD and restrictive lung disease. This he said left the defendant unable to puff the required amount of breath in to the intoxilyser machine in Bantry Garda Station on the night of his arrest.

Judge McNulty reserved his decision on a charge that Mr Leitch was drunk in charge of a vehicle at Aghills in Skibbereen on February 11 last. He will deliver his judgement on same in February of next year at Skibbereen District Court. He will also impose sentence on the dangerous driving charge on that occasion.

The case opened with Prosecution evidence from Veronica Whooley, who was a passenger in a car which was being driven from Skibbereen to Leap in West Cork on the evening of February 11 last.

Mrs Whooley observed that the driver in front of her was driving in a manner which made her apprehensive. She contacted gardaí after she saw the car going back and forth over the white line from the left hand side to the right hand side of the road.

“He (the driver) went around the bend on the wrong side of the road, at that point I felt I had to do something for the safety of the driver and for the safety of other road users. I called the guards and gave the vehicle (registration) number.” Mrs Whooley continued on her journey. She subsequently saw the vehicle parked “partially on and off the road.” 

GARDA EVIDENCE

The court then heard evidence from Garda Daniel Quinlan who said he was on duty on the 11th of February last. He received a call from Mrs Whooley at around 8pm. Mrs Whooley expressed concern about what she had seen. The garda, accompanied by another member of the Force, made their way to the area where the car was parked.

Garda Quinlan said that Mr Leitch was in the driver’s seat. He readily identified himself to the Garda.

“He came across as very disorientated. His eyes were glazed and bloodshot and there was a strong smell of alcohol coming from his person.

"Mr Leitch conversed with me he kept saying ‘I’m fine, I’m fine.

"He enquired if everyone was okay and if he had damaged any person or property.

"I informed him, to my knowledge, he had not. He gave me his name, his address and his date of birth.

"His speech was slightly slurred but not over-slurred to be fair.” 

Garda Quinlan said that Mr Leitch had up to date tax and insurance discs and was in possession of a valid Irish driver's licence. He said that he observed a half empty open bottle of wine in the central console of the vehicle.

“Mr Leitch thanked me and the (other) garda (at the scene) for looking after him.

"He said he was on his way home to Castlemagner.

"I enquired if he knew where where he was and he replied he did not know where he was.

"I formed the opinion that he was incapable of being in proper control of a mechanically propelled vehicle in a public place due to intoxication.” 

ARREST

Garda Quinlan arrested Mr Leitch on suspicion of drunk driving. Garda Quinlan and the other garda helped Mr Leitch to the patrol car as he was unsteady on his feet.

He said that Mr Leitch apologised to him for making a ‘silly mistake’ and asked to be brought to his hotel. He told the Garda that he had been on the Tommy Tiernan show that night.

The acclaimed singer-songwriter was brought to Bantry Garda Station. However, the court heard that although Mr Leitch made an effort to give breath samples to the intoxilyser machine there was insufficient volume to give a reading.

At 10.20pm he was returned to the custody area. The SouthDoc service was contacted so that other tests could be carried out to determine if Mr Leitch was over the limit. 

However, gardaí were informed that a doctor wouldn’t be able to make it to the scene for at least ninety minutes. This would have been outside of the legally acceptable time frame for such samples to be taken Garda Quinlan charged Mr Leitch with being drunk in charge of a vehicle and also with failure or refusal to give a breath sample. He said that Mr Leitch replied that he was ‘sorry’ when the charges were put to him. The third change of dangerous driving was added at a later court hearing.

Judge McNulty was told that Mr Donovan asked for help to get to the West Cork Hotel in Skibbereen where he had a room booked. Gardaí brought him to the hotel.

The court heard evidence from Garda Lisa Kingston who said that Mr Leitch wasn’t co operative when she spoke to him in Bantry Garda Station. 

She said that he was ‘ranting and raving about anything and everything.’ 

Defence barrister Michael McGrath, SC, put it to Garda Kingston that her evidence was that his client had said that he didn’t want to answer anything without ‘my guy’ present. Mr McGrath said that that ‘my guy’ referred to by his client was obviously a solicitor.

Garda Kingston said that Mr Leitch only answered two questions put to him. She said that Leitch declined to answer when she asked if he if wanted a solicitor or a person known to him to attend at the station. Judge McNulty also rejected the proposition that “my guy” was almost definitely a reference to a solicitor saying it could have meant a number of different things.

The defence called evidence from respiratory specialist Professor Oisin O’Connell. In addition to discussing the COPD and restricted lung disease suffered by Leitch he told the court of other diagnosed conditions of the accused. The conditions suffered by Leitch include “scoliosis, a deviated spine and a pelvic tilt.” 

Mr Leitch also has “leg length discrepancies” and wears special shoes to assist him in walking.

Professor O’Connell said that such illnesses would make Mr Leitch unsteady on his feet as alluded to in garda evidence.

Judge McNulty said that Garda Colm Spring had been very fair to Mr Leitch in saying that he perceived that the pensioner was unable rather than unwilling to give a breath sample.

Judge McNulty said that he accepted that Mr Leitch had an ‘legitimate reason’ for being unable to provide the breath sample and dismissed this charge against him.

He praised Mrs Whooley for her “moral courage” in doing her “civic duty” in reporting the type of driving she witnessed on the night of February 11th last. He said that her evidence was “strong and crystal clear.” 

Judge McNulty found Mr Leitch guilty of dangerous driving.

Judge McNulty deferred his judgement on the drink driving charge until the February 13, 2024 at Skibbereen District Court.

Mr Leith whose hits include Hurdy Gurdy Man, Mellow Yellow and Sunshine Superman, has lived in Ireland for many years. He first became famous in the mid sixties. The father of five has been married since 1970.