Solicitor wants gardaí to turn off 'blue flashing lights' when checking on drugs accused who is under curfew

Solicitor Joseph Cuddigan told Cork District Court: “The squad car arriving at night-time with blue lights flashing is causing problems when the car arrives in the estate."
Solicitor wants gardaí to turn off 'blue flashing lights' when checking on drugs accused who is under curfew

Mr Cuddigan asked Judge David Waters to direct the gardaí to turn off the blue lights when they enter the estate where the accused man lives. File picture.

Blue flashing lights of a patrol car are causing distress in the neighbourhood of a 52-year-old man on bail on a heroin-dealing charge and, as a result, his lawyer has asked gardaí to turn off their beacon when they are carrying out curfew checks at night.

Solicitor Joseph Cuddigan told Cork District Court: “The squad car arriving at night-time with blue lights flashing is causing problems when the car arrives in the estate, where there are some elderly residents.” 

Mr Cuddigan asked Judge David Waters to direct the gardaí to turn off the blue lights when they enter Leesdale on Model Farm Road where the accused man lives.

Judge Waters said: “I cannot micro-manage the gardaí.” 

Mr Cuddigan then said: 

“I would ask the State to engage with me. Otherwise, I will apply for removal of curfew because of the manner in which it is being operated by gardaí.” 

This would require a hearing with witnesses to have bail conditions varied, but Mr Cuddigan said that he would avoid the inconvenience for everyone of a bail hearing if the issue could be addressed in another way.

“I won’t waste time bringing a bail application if the State can deal with the flashing blue lights,” Mr Cuddigan said.

The accused man, 51-year-old Dominic Smyth, resides at Greenfields, Leesdale, Model Farm Road. He is charged with possession of drugs and having drugs for the purpose of sale or supply. It is alleged that €12,000 worth of diamorphine (heroin) was found in a car at around 9.30pm on February 23 at the M8 motorway at Ballinvinny, Glanmire.

Bail conditions include a curfew between 10pm and 8am, signing at Togher garda station on Monday, Wednesday and Friday, provide a mobile phone number and not leave the jurisdiction.

Because of the alleged value of the drugs, Judge Waters refused jurisdiction. The case was adjourned until September 29.

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