Trainee barrister with a ‘fine opinion of himself’ is given a four-year driving ban

A DISTRICT judge told a ‘fledgling barrister’ from Dunmanway that he knew his obligations when arrested by gardaí on suspicion of being drunk in charge of a vehicle  and that a ‘little knowledge is a dangerous thing.’

Judge James McNulty made the comment while dealing with the case of Patrick Horgan at Clonakilty District Court, who contested two out of four charges preferred against him.

Mr Horgan of Inchacurka, Dunmanway, denied being drunk in charge of a vehicle in Dunmanway Square on November 6th 2021 and failing to give a blood or urine sample.

Barrister Alan O’Dwyer, instructed by solicitor Colette McCarthy, said his client was pleading guilty to a public order charge and obstructing a peace officer.

Gda Kevin Kennedy said he was on duty in Dunmanway at around 11.20pm when he received an anonymous call telling him that there was a male slumped over a steering wheel in a vehicle. Gda Kennedy said he saw Mr Horgan passed out in the driver’s seat with the engine running.

‘I opened the driver’s door, turned off the engine and removed the keys. Mr Horgan woke up. There was a strong smell of drink from him and his eyes were glazed. He was incapable of being in charge of a vehicle and I arrested him,’ said Gda Kennedy.

‘While  I was explaining the charge, he said: “This is a load of s**t as I was only waiting in my car for a spin home. You are not arresting me.” Mr Horgan got out of the car and walked across the road and repeated the line: “You are not arresting me, I haven’t done anything.”

‘I told him to return but he was on his phone and I ended up running after him and had to physically restrain him. He told me to “f** off” and placed his arms under his body so I couldn’t handcuff him. He was roaring and shouting and there were other people on the street.’

Gda Kennedy applied pepper spray to him, which led to Mr Horgan getting more aggressive and he kicked at the garda.

‘I tried to talk to him, but he refused to comply with my instructions. He continued to shout expletives. I was alone and waiting for my colleagues from Clonakilty to assist me. I knocked on the window of a restaurant to ask staff to ring gardaí, while a paramedic passed by and he tried to calm the man down.’

The court heard that Mr Horgan’s son, Jack, then arrived. He talked to his father and managed to get him up before back-up arrived.

Gda Kennedy said that a doctor was called and introduced to Mr Horgan in order to take a blood or urine sample at Bandon Garda Station. He said Mr Horgan had complained about a pain his leg, demanded an ambulance and twice refused to give a sample.

‘He said: “I want an ambulance now, my leg is f***ed”.’

The court heard he was released from custody at 1.32am and an ambulance came a few minutes later for him.

Mr O’Dwyer BL asked if it had ever crossed Gda Kennedy’s mind to check if someone was coming for him, or to contact Mr Horgan’s wife.

‘He had made plans to be collected and why didn’t you wait to see if they came for him? You didn’t establish if he had any intent to drive,’ said Mr O’Dwyer.

However, Gda Kennedy said that Mr Horgan was in charge of the vehicle and the engine was running, not off.

Gda Padraig Collins, who was the member in charge at Bandon Gard Station, said the defendant had a cut to his left hand and a left knee injury and refused to sign the custody record.

Mr Horgan’s ex-wife, Maureen, said that she had arranged to collect the defendant from Dunmanway that night and her son Jack was going to drive his jeep  home as he needed it the following day. Patrick Horgan told the court that after having drinks that night in a local bar, he went back to his jeep to wait to be collected. He said he had a toothache and wasn’t feeling great and was tired.

‘I sat into it and turned on the engine to stay warm. I had no intention to drive, as I had a lift arranged. I told Gda Kennedy this from the get-go,’ said Mr Horgan.

Insp Ian O’Calllaghan said Mr Horgan’s behaviour, which he described as ‘disgraceful’, caused his injuries that night, which he said were not life-threatening ‘by any means’.

Judge McNulty found the charge of being drunk in charge of a vehicle not proven, but said the court is satisfied Mr Horgan did wilfully fail and refuse to provide a blood or urine sample.

‘It was part of a pattern, he wasn’t going to be told anything until his medical needs were looked after,’ said Judge McNulty. ‘I’m glad I saw the CCTV footage of the arrest. Gda Kennedy was dealing with Mr Horgan patiently and properly. He was on duty alone, dealing with a man who has a fine opinion of himself and wasn’t going to be told anything. His conduct was quite disgraceful.’

Judge McNulty convicted him on both the public order charge and obstruction charge and was told that Mr Horgan has four previous convictions, including for drink driving, giving a false name and address and careless driving.

‘Your client has form,’ remarked the judge.

Mr O’Dwyer said his client has no previous public order convictions, has apologised to Gda Kennedy and having seen the CCTV, his client is ‘very embarrassed’. The court heard that the father-of-five is a trainee barrister known in legal terms as a ‘devil’ – and worked in translation before.

Judge McNulty noted that Mr Horgan was a trainee barrister when this incident happened, which he said was an aggravating factor.

Mr O’Dwyer said his client, having some knowledge of the law and with drink on board, went ‘completely west’.

Judge McNulty said that a ‘little knowledge is a dangerous thing’ and Mr Horgan knew his obligations that night. He convicted him and disqualified him from driving for four years. He fined him €500 on the ‘refusal to give a sample’ charge. He also convicted and fined him €500 on the public order charge, and €1,000 on the obstruction charge. Recognisances for an appeal on the failure to give a sample were fixed in the defendant’s own bond of €2,000, with a half of that to be provided in cash.