Alleged drink-driving case to be struck out if State seeks adjournment

State asks for adjournment on grounds that doctor who took blood sample was sick

An alleged driving offence by former Tyrone footballer and BBC pundit Owen Mulligan has been adjourned at Listowel District Court because the doctor called to take the blood alcohol sample from Mr Mulligan was sick, the court heard. Photograph: Frank Miller

An alleged driving offence by former Tyrone footballer and BBC pundit Owen Mulligan has been adjourned at Listowel District Court because the doctor called to take the blood alcohol sample from Mr Mulligan was sick, the court heard. Photograph: Frank Miller

 

An alleged driving offence by former Tyrone footballer and now BBC pundit Owen Mulligan has been adjourned at Listowel District Court because the doctor called to take the blood alcohol sample from Mr Mulligan was sick, the court was told.

Judge James O’Connor said the adjournment of the case – which was set for hearing at Listowel on Thursday – was to be marked “peremptory against the DPP”. This means it will be struck out if the State is not fully ready the next time.

Mr Mulligan (33), of Church Street, Cookstown, Tyrone, was arrested on suspicion of drink-driving under the Road Traffic Acts on August 29th, 2014. At Listowel Garda station, he was asked by Garda Piaras Ferriter to give a sample of blood or urine to a designated doctor, Dr Halkett, but refused to do so, according to the charge.

The matter first came before Listowel Court in September 2014.

Mr Mulligan’s solicitor, John O’Dwyer (son of Kerry football legend and football manager Mick O’Dwyer) told the court in December when the matter was up for mention that Mr Mulligan will be contesting the charge.

Mr Mulligan was in court yesterday, dressed in blue, and seated in the body of the court room .He stood immediately when his case was called.

Mr O’Dwyer said “I appear. My client is in court.”

Insp Pat O’Connell, for the DPP, said the State was applying for an adjournment as “the doctor is sick”. The doctor would not be able to attend court for six weeks, the garda said.

Mr Mulligan had driven from Co Tyrone the previous night to meet his case before word came through the doctor would not be available, Mr O’ Dwyer said.

Judge James O’Connor said Mr Mulligan could not be expected to travel up and down constantly from Co Tyrone .

He was remanding Mr Mulligan on bail. The adjournment to September 3rd, for hearing, was “peremptory against the DPP”, Judge O’Connor warned the State.