A Co Cork building contractor who resisted arrest when he was stopped for suspected drink-driving and had to be carried “kicking and screaming” into a garda van has been convicted of four separate offences in the district court.
Prosecuting, Inspector Tony O’Sullivan told Fermoy District Court that in the early hours of October 2nd, 2022 a black Range Rover Discovery was observed driving erratically in Fermoy town centre. The vehicle did not indicate as it turned a corner and failed to stop for gardaí.
Garda Jamie Green told the court that the Range Rover pulled into the library carpark in the centre of the town at 3:15 am.
The garda said that the driver, Aidan O’Sullivan, 38, of Duntaheen Road, Fermoy, Co Cork appeared glassy eyed, had slurred speech and smelled of alcohol. Garda Green formed the opinion that Mr O’Sullivan was drunk in charge of a vehicle and arrested him.
When Mr O’Sullivan was told he would be taken to Fermoy Garda Station he “became irate” and demanded he be breathalysed.
Mr O’Sullivan refused to exit the vehicle and told the garda: “I’m not going anywhere, you’ve never met anyone like me.”
Garda Green said he called for assistance and another garda arrived but Mr O’Sullivan continued to hold tightly to the steering wheel.
The court was told he then reached down for a glass bottle of mineral water in the passenger footwell, tried to drink from it and then brandished it upside down in a threatening manner. Further gardaí arrived and eventually Mr O’Sullivan was pepper sprayed and removed from the vehicle.
Mr O’Sullivan continued to struggle and shout, and it took five members to physically carry him to a Garda van.
While he was being carried, he kicked his right leg free and kicked Sergeant Majella O’Sullivan causing injuries that led to her being off work for two weeks with swelling and bruising and her arm had to be put in a sling.
Garda Niall Harte who was the member in charge at Fermoy Garda Station said that when Mr O’Sullivan arrived at 3:20am the decision was taken to take him directly to a cell because he was still very aggressive.
When he was placed in a cell, Garda Harte said he observed Mr O’Sullivan had soiled himself and was unable to stand. He was placed on a bunk where he continued to kick at gardaí and shout abuse.
Sergeant Majella O’Sullivan requested that Mr O’Sullivan take a breath test to which he replied “go f**k yourself.”
Mr O’Sullivan had sustained a cut to his eye and also complained of chest pains and a doctor was called. He was conveyed by ambulance to the Mercy Hospital in Cork for assessment by which time the statutory three-hour period in which a breath test must be conducted had expired.
Witness Lorraine Higgins told the court that she had met Aidan O’Sullivan at 2.45am in Fermoy, and he appeared sober to her at the time.
Defence Council Alan O’Dwyer said that his client had no previous convictions and had been willing to take an alcohol breath test, but the delay was not of his making. He said that his client had been drinking alcohol-free beer, which accounted for the smell of alcohol.
Mr O’Sullivan handed in a letter of apology and apologised in court to Sergeant O’Sullivan for the assault.
He said that he was embarrassed by his behaviour on the night and was embarrassed to be in court.
He denied that there was any bottle in the car and he denied that he was intoxicated when he was stopped. He pleaded guilty to the charge of assault and of resisting arrest.
Judge Colm Roberts questioned why the accused did not call any witnesses who could testify that they saw him drinking alcohol-free beer on the night.
He said: “He claims he smelled of alcohol, but he wasn’t drinking alcohol, he behaved like a drunk, but he wasn’t drunk. There is no credible alternative explanation for his behaviour.”
Judge Roberts said that he had looked at the case law and he was satisfied that Mr O’Sullivan was guilty and convicted him on all four charges, driving while intoxicated, resisting arrest, assault and production of an article capable of inflicting serious injury (in relation to the bottle).
On the drink-driving charge, he disqualified Mr O’Sullivan from driving for four years with effect from September 14th. He deferred penalty on the other three matters until September 13th to allow the preparation of a probation report.
