A truck driver who admitted 'making s***e' of Tánaiste Michael McDowell's garden has lost his appeal against a conviction for drink driving.
Judge Terence O'Sullivan yesterday decided that a statement in which Patrick Hayes admitted to gardaí he had been drunk when he drove on the public road just before entering the Minister for Justice's property was admissible as evidence against him.
Hayes (38), of Ballyfermot Avenue, Dublin, had confessed in the statement to having been drunk and to embedding the wheels of his truck up to the axles in the Minister's manicured front lawn while trying to reverse the skip collection lorry out of Mr McDowell's Ranelagh home.
More significantly, the Circuit Court judge said Hayes had confirmed crucial times of having driven the truck on a public road on July 30th, 2005.
He said Hayes had been lucid in making the statement and gardaí had not taken advantage of him. Hayes had admitted drinking half a bottle of vodka and six cans of Budweiser before driving from his home to the Minister's house to collect a skip.
Judge O'Sullivan confirmed the drink driving conviction and 12 months' driving disqualification, but quashed a €800 fine.