A defence barrister claimed yesterday that a "hole-in-the-ground" cell toilet in a Co Monaghan Garda station "compromised a woman's dignity", and provided reasonable grounds for her inability to provide a urine specimen which was required in a drink-driving prosecution.
Majella Meehan, Beechgrove Lawns, Monaghan, was charged at Castleblayney District Court with failing to comply with a doctor's requirement to provide a urine specimen following her arrest for an alleged drunken driving offence last August 4th.
The accused woman pleaded not guilty and claimed she was unable to comply with the requirement because of the nature of the toilet facility at the Garda station.
In evidence, Ms Meehan told Judge Flann Brennan she did not refuse to give a specimen but was concerned about the particular nature of the cell facility offered.
In reply to counsel, she claimed it was "unacceptable" that she was expected to "balance herself" over a hole in the ground in the Garda station cell.
She also insisted it was not explained to her by the arresting garda that it was mandatory to give either a blood or urine specimen.
After legal submissions by defence counsel John Martin in relation to the alternative request for a blood specimen, Judge Brennan adjourned his decision in the case until February 20th.
Garda Mairéad Fox, Monaghan, gave evidence of arresting the defendant at Rooskey, Co Monaghan, following a collision between a car she was driving and another vehicle.
Garda Fox said she detected a smell of alcohol from the accused's breath and her speech was slurred. She was taken to Castleblayney Garda station where there was a doctor available.
Garda Fox said that when the defendant was requested to give Dr Peter Hughes a blood or urine specimen, she opted for urine, but then requested to use another lavatory, rather than the cell toilet.
The garda said she explained there was no obligation on them to take her to any other toilet.
The accused woman, according to the garda, refused to take a jug offered, or use the cell toilet, and was eventually brought back to Monaghan where she was charged.
Cross-examined by Mr Martin, Garda Fox agreed the toilet facility in the cell was just a "hole in the ground" and used by males or females who were being detained. She said the other lavatory in the station was in a locker-room and used solely by Garda personnel.
She agreed the defendant was asked to "sit on her hunkers at a hole in the ground" but would not agree that the woman's dignity or respect were compromised in any way, as it was obligatory for all prisoners to be monitored while a specimen was taken.
In further cross-examination, Garda Fox said the accused was given the option of a blood specimen later, but declined.