A DAD-OF-FOUR refused to give gardaí a blood sample because he didn’t want his DNA on the database in case it could be used against him, a court heard.

Peter Murray (47), of 102 Roches Building, Old Youghal Road, Cork city pleaded not guilty at Bandon District Court to refusing to provide a blood or urine sample to gardaí, driving while intoxicated and criminal damage to a phone at Bandon Garda Station.

He pleaded guilty to the possession of cannabis.

Gda Sean O’Connor told the court he was operating a checkpoint at Farnahoe, Innishannon at 2.45am on May 31^st when the accused’s van approached.

Mr Murray failed a roadside breath test.

Gda O’Connor arrested him for drink driving and following a search he found a small quantity of cannabis herb, valued at less than €50.

‘He was conveyed to Bandon Garda Station but during the journey there he became more irate in his nature and became verbally abusive to me and Gda O’Neill,’ said Gda O’Connor.

He added that after Mr Murray made a phone call to contact a solicitor he ripped the telephone from its connection point and pulled it towards himself causing damage to the faceplate and as a result the phone was no longer operational.

‘Following this he was verbally aggressive and abusive to me and shouted a number of profanities directed at gardaí.’

When Mr Murray was taken to the doctor’s room to provide either a blood or urine sample the court heard he refused to provide either when requested, despite being informed of the penalties for failing to do so.

‘He said: ‘No I’m not giving it’, said Gda O’Connor.

He said every effort was made to ensure that Mr Murray spoke to a solicitor that night when he was questioned by Barrister Carmel Goggins BL about whether her client had a proper consultation.

Ms Goggins also asked if the phone got loose after four calls made by her client but Gda O’Connor disagreed and said there was damage to the handset and faceplate and had to be reconnected by a telecoms officer.

‘It was working fine and was not operational for a number of days.’

Ms Goggins said her client has a fear of needles but Gda O’Connor said it was fully explained to him that the option of a urine sample was available also.

Gda Briain Murphy, who was member in charge at Bandon Garda Station that night, said Mr Murray was also abusive to him. He said he spoke with a solicitor and handed Mr Murray the phone after which he ripped the cable off the wall and broke the phone.

Mr Murray said he told gardaí he has a phobia of needles and was willing to provide a urine sample but that Gda O’Connor said there was no choice and it had to be a blood sample.

‘For various reasons I refused to give me blood and didn’t want it on a database which could be used against me and my family,’ said Mr Murray.

He added that he didn’t intent to pull the phone and that it was an accident.

Judge Joanne Carroll said she did not believe that gardaí insisted on a blood sample only and convicted him of the refusal charge.

‘He was given the phone in good working order and by virtue of annoyance he pulled the phone out of the wall,’ said Judge Carroll.

The court heard that he has 39 previous convictions including criminal damage, drug driving and assault.

Ms Goggins BL said her client, who has four children, has had a difficult 20 years of his life and had been working as an electrician prior to this incident.

‘He has severe mental health issues and has to take anti-psychotic medications and is involved with the mental health office,’ she said.

Judge Carroll disqualified him from driving for four years for refusing to provide a sample and sentenced him to three months in prison on the criminal damage charge but suspended it for 12 months.

She requested a probation report on the simple drugs possession charge and adjourned it to March 29^th.

‘You need to go to your GP and engage with mental health services and the condition of your suspended sentence is that you attend your GP within seven and engage with the mental health services,’ said Judge Carroll, who added that she will ask the probations services to check in with him to ensure he has done it.

When she asked if there was any form of apology being made to the gardaí, Mr Murray said he would not make one.

Recognisances in the event of an appeal were fixed in the defendant’s own bond of €100 on the refusal charge and €150 on the criminal damage charge.