A Garda who was convicted of dangerous driving and failing to stop after driving through a Garda checkpoint has failed to obtain a High Court order quashing his convictions.
Garda James McQuaid of Swords, Co Dublin, was alleged to have driven through the checkpoint at Griffith Avenue, Dublin, just before midnight on December 28th, 1998.
Mr Justice Kearns said the garda was found soon afterwards in The Cat and Cage licensed premises in Drumcondra.
He told investigating gardai that at all material times that night he had been in the pub, and no one else had the keys to his car, which was parked outside.
The garda claimed that District Judge Sean MacBride had on February 8th, 2000, unfairly failed to permit his counsel to conclude an application to dismiss the charges. He also claimed the judge made fundamental findings of fact adverse to him before evidence had been adduced on his behalf.
Refusing to quash the convictions, Mr Justice Kearns said he found it impossible to say on the material before him whether there had been some irregularity or defect in the District Court proceedings. It seemed to him inappropriate for the High Court to intervene by way of judicial review in the absence of a clear factual template of what transpired in the District Court.