A High Court judge has ruled a garda's decision to handcuff a man following his arrest on suspicion of drink driving did not render the arrest unlawful.
The handcuffing happened after the vehicle driven by the man initially speeded up when a Garda car pursued him with blue flashing lights, Mr Justice Michael Moriarty said. He was also taking into account other circumstances, including the arresting garda noted the man's vehicle went around an entire roundabout in Co Louth before exiting the way it had come in, hit the kerb and veered to the left. While the accused was generally co-operative there was a strong smell of alcohol from him and he appeared dazed and unsteady.
The judge said in all the circumstances the use of the handcuffs was not unreasonable and did not render the arrest unlawful.
This case was more nuanced than another case in which the Supreme Court had ruled the use of handcuffs was unlawful, the judge added. In the latter case the Garda sergeant involved had said it was invariably his practise to use handcuffs when arresting, and it was in those circumstances that the Supreme Court found a lower court was entitled to find the arrest was unlawful.
Mr Justice Moriarty was giving judgment on legal issues arising from the Co Louth case which were referred to the High Court for determination.
In another case of alleged drink driving also referred to the High Court, Mr Justice Moriarty said the relevant District Court judge was entitled to take the view he should dismiss that case.
The problem concerned the procedures adopted by gardaí immediately after the arrest of the accused which involved no bad faith and appeared to arise from understaffing at Kilrush Garda station in Co Clare.
He said the case involved an Intoxilsyer-based prosecution, and it appeared two gardaí engaged in processing the accused were also involved in his arrest. The problem arose from a “casual” overlapping of the role of member- in-charge of the station and that of observing the accused for 20 minutes, the approved standard procedure for conduct of the breath test. After the Intoxilyser readings were positive, the case went before Ennis District Court.
Mr Justice Moriarty said the District Court judge was entitled to take the view he must dismiss the prosecution because specific and independent functions are assigned to the member-in-charge, and processing of an arrested person should be a separate and discrete procedure unaffected by other procedures like the 20 minute observation period.
He said a member-in-charge needs a measure of independence to ensure the rights of a detained person are safeguarded. What happened here seemed an “undesirable” series of role reversals among gardaí that diluted the demarcation of functions set out under custody regulations.
