FRIEND-CHIP | 

Garda denies giving chips to drink-driving accused on his birthday, ‘I don’t eat chips’

“They say truth can sometimes be stranger than fiction…that is what happened”

© Kerryman

Today at 15:13

A garda has rubbished a suggestion she gave some chips to an elderly man – arrested on his birthday on suspicion of drink-driving – during the 20-minute nil-by-mouth period required before providing a breath sample.

She also told Killarney District Court that she did not bring chips into the room during this observation period and, furthermore, she does not eat chips.

Daniel Shanahan (79) of Tullig, Kilflynn, has been disqualified from driving for two years after the subsequent breath samples he provided returned a reading of 47 milligrammes of alcohol per 100 millilitres of breath.

Judge David Waters said he did not, “for one minute”, believe that the member-in-charge on the night at Tralee garda station, Garda Leanne Haussmann, offered chips to someone subject to the 20-minute observation period required before providing a breath sample.

The court heard that Garda David O’Neill was on patrol in the Tralee area at approximately 7.53pm on June 27 last when he observed someone not wearing a seatbelt while driving. He followed the driver, who stopped at Knocknahilla, Kilflynn, after Garda O’Neill turned on his siren.

On speaking to the driver (Mr Shanahan), Garda O’Neill said he noticed his speech was slurred, and he said there was a strong smell of alcohol from the accused. He later arrested Mr Shanahan on suspicion of drink-driving, conveying him to Tralee garda station.

Mr Shanahan was represented in court by solicitor Dave Ramsey and barrister Richard Liston.

Under questioning by Mr Liston, Garda O’Neill said he couldn’t recall if Mr Shanahan told him he wasn’t wearing a seatbelt due to a hernia.

Garda O’Neill said it was not true that he was not present during Mr Shanahan’s 20-minute observation period in Tralee garda station.

Mr Liston said his client requested a doctor on several occasions so he could provide a blood sample instead of a breath sample, his hernia making the latter more difficult. He also said that Garda Haussmann gave chips to Mr Shanahan, which he ate.

“Are you asking me to believe the garda offered him chips?” Judge David Waters asked Mr Liston.

Garda Haussmann said that Garda O’Neill was present for the entire observation period and Mr Shanahan did not, at any time in custody, request a doctor so he could provide a blood sample. As the member of charge, Garda Haussmann said she would have granted this request. She told the Court that Mr Shanahan also did not mention his hernia while in custody.

She told the court that she did not give any chips to Mr Shanahan, and she does not eat chips.

Mr Shanahan said that he told Garda O’Neill he was not wearing a belt due to his hernia and added that he was scheduled to receive surgery for his hernia. He said he asked for a doctor numerous times so he could provide a blood sample, and that he had given a detailed account of his medical difficulties to Garda Haussmann.

He said he explained to Garda Haussmann that it was his birthday, and she told him to cheer up before pouring chips out for him.

“Why would I make that up?” he asked. “They say truth can sometimes be stranger than fiction…that is what happened.”

Mr Shanahan said he had been watching racing in a betting office in Tralee earlier that day. When asked by gardaí if he had been celebrating his birthday, he said he was, adding “most people do”.

On convicting Mr Shanahan, Judge Waters noted that the accused did manage to give both breath samples required of him.

Mr Shanahan has one previous drink-driving conviction dating back over 30 years.

Judge Waters disqualified Mr Shanahan from driving for two years and imposed a €300 fine. Recognisance was set in the event of an appeal.