Garda cleared of trying to foil drink-drive prosecution

A senior Garda, who said he drank whiskey to calm his nerves after accidentally reversing his car over a four-year-old girl, has been cleared of attempting to frustrate a drink-drive prosecution.

Det Insp Paul O’Brien, from Moyville, Rathfarnham, Dublin, hit the young girl, who did not suffer any permanent injuries, when he was reversing out his driveway at 10.30am on May 6th last year.

He had pleaded not guilty at Dublin District Court to consuming alcohol with the intention of frustrating a prosecution under section 4 of the Road Traffic Act.

Defence counsel Martin Dully argued that Det Insp O'Brien had not been under suspicion of drink-driving when, following the incident, he drank a measure and a half of whiskey, and it was conceptually impossible that this was an attempt to frustrate a drink-drive prosecution being brought against him.

After hearing evidence from six witnesses and the defence submissions, Judge Bryan Smyth dismissed the case.

The court had heard that the girl’s paternal grandparents lived a few houses from Det Insp O’Brien. The family had planned a trip to the zoo and while a picnic was being prepared the girl went out to use her “flicker” scooter while her mother and father were on the footpath and watching her.

The mother, Tracy Kirwan, told Judge Smyth she heard a bang and saw that her daughter had been "trapped underneath the back left reverse wheel".

The little girl was caught underneath her flicker below the back of Mr O'Brien's Garda car, a grey Ford Mondeo.

'Screaming and crying'
She said Mr O'Brien got out and was unaware the girl was under his car. Her husband, David Kirwan, lifted the rear of the car as Mr O'Brien moved it forward and the girl was taken out "screaming and crying".

He and his wife brought the child to Tallaght Hospital to get her checked out; she suffered bruising but did not have any broken bones.

About 20 minutes after the incident Garda Donal Ashe spoke with Det Insp O’Brien in his house for about five minutes. He told Judge Smyth that Det Insp O’Brien explained he had been reversing out of his driveway, had been looking both ways, and could see people standing on the path up from him but no one else. His view was obstructed by a tree at the entrance of the driveway and he immediately got out when he heard a bang. He then noticed that the child was under the back of his car.

Garda Ashe agreed it did not appear as if the defendant was under the influence of alcohol. The incident was being treated as an accident and he went out to wait for a breathalyser machine to be dropped around.

Blushed

A short while later he cautioned Det Insp O’Brien that he was going to breathalyse him and was told by him that he had “just taken a drink to calm his nerves because he was shook up by the incident”. He said Det Insp O’Brien’s face was blushed red and his eyes were glassy.

Insp Derek Maguire arrived and a sample of breath was taken which registered a fail, and Det Insp O’Brien was arrested by Garda Supt Peter Duff at the house. The defendant also told Garda Insp Maguire that he had “a measure and a half of Bushmills” after the accident.

Another breath sample was taken from him which gave a reading slightly over the drink-drive limit. Det Insp O’Brien did not face any other charges from the incident.