An "utterly shocked" Judge Mary Devins brought Westport Court to a premature end yesterday after a garda admitted making an incorrect statement in an effort to spare a young lady's blushes.
After hearing the evidence, Judge Devins said it was probably obvious how visibly shocked she was. She still believed implicitly in the justice system. Honesty and integrity were fundamental to the administration of justice. As judge in this district, she tried to act fairly and always acted honestly.
For her to continue to administer justice, she had to rely on the integrity of the prosecution in all cases. This incident had shocked her to the core and had undermined her trust and confidence in the prosecution in this district.
Judge Devins said it begged the question whether this had happened before. Was there frequently or ever collusion between arresting gardaí and arrested persons? Were deals done? Did an arresting garda ever or often take on the role of the judiciary?
Dismissing all charges against the defendant, the judge said in her view the entire prosecution was tainted with what she might describe as irregularities, if she was being kind.
"Because I am so utterly shocked, I intend to adjourn the rest of the cases to another date to give me time to compose myself and give me time to consider my position," she said.
The issue arose in a prosecution against Mr John O'Donnell (20), from Kennedy Gardens, Castlebar, Co Mayo. Mr O'Donnell, represented by Mr Aidan Crowley, solicitor, pleaded not guilty to one summons relating to the alleged delivery of alcohol to a person under 18 years of age and three charge sheets relating to drink-driving and dangerous driving.
The court heard that a girl drank half a bottle of Buckfast and half a naggin of vodka at Lough Lannagh, Castlebar, on the night of October 11th, 2002. She later met the defendant on Main Street and in the early hours they decided to go to Bertra Beach outside Westport.
She had a drink of whiskey in the van outside his house.
Sgt Pat Lavelle read a statement to the court made by the girl. In it she stated that John O'Donnell was driving fast. The two of them were a bit drunk. She opened his trousers and was touching him when he hit the wall.
Garda Linus Fahy said he went to the scene of the accident at Churchfield, Belclare, at 5.25 a.m.
The van was sideways on the road. The young lady was in the passenger seat, and John O'Donnell, who said he was the driver, was standing next to the vehicle. Mr O'Donnell was arrested for drink-driving and a subsequent analysis showed a concentration of 224mg alcohol per 100ml urine.
At the solicitor's request Garda Fahy read a statement to the court which he made on February 25th, 2003.
In his statement, Garda Fahy said he stopped John O'Donnell at 5.30 a.m. at Churchfield. He spoke to him and demanded his documents be produced at a Garda station. There was a strong smell of alcohol, and his eyes were glassy.
Garda Fahy said when O'Donnell was in the day room he told him what was going on in the car. He was embarrassed hearing it himself and was afraid embarrassment would be caused to the young girl.
The reason for the statement was to save embarrassment to the young girl concerned.
Judge Devins asked Garda Fahy: "You are actually saying you gave incorrect evidence in your statement because you decided from a moral point that someone would be embarrassed?"