A garda sergeant was yesterday given a suspended sentence for attempting to pervert the course of justice. The court heard that the career of James Cunningham (43), from New Houses, Abbeylands, Duleek, Co Meath, could suffer serious consequences as a result of the conviction.
Although the sergeant admitted stopping a doctor who was on his way to Dundalk Garda station to take a urine sample from a suspected drunk driver early on September 13th, 1997, he had pleaded not guilty because he said he was acting with the authorisation of his superior officer, Supt Michael Staunton.
The jury took an hour and 10 minutes to reach a unanimous guilty verdict.
Before the judge imposed sentence, Mr Sean Moylan, defending, said the the case was a consequence of what he described as a moment of madness. Cunningham had 25 years' unblemished service and was married with four children. This had been a tragedy for him.
Judge Raymond Groarke was told the maximum penalty in the case was 12 months.
The judge said the garda had acted with too much exuberance and did not take a look at the consequences of what he was doing. He accepted the action was on the spur of the moment and there must be huge consequences for him and his family. He acknowledged the sergeant would be punished with great hardship because of the conviction.
He said an attempt to pervert the course of justice was a serious matter and this [case] was made more serious because the attempt was made by a member of An Garda Siochana and in his capacity as a member. He imposed a nine-month sentence but suspended it unconditionally.
In evidence, the superintendent said he had not discussed stopping the doctor with the sergeant and when the sergeant told him of the arrest of the motorist, Mr Patrick McParland, he had said it was unfortunate but there was nothing he could do.
However, in his evidence, Cunningham said he had suggested stopping the doctor and the superintendent had said yes, that was the thing to do.
In his charge to the jury in Dundalk Circuit Criminal Court, Judge Groarke said the issue was whether the defendant believed he had the authority to set up the checkpoint. His (defendant's) evidence had been contrary to the superintendent's and somebody was not telling the truth.
During the trial, the court heard that Mr McParland was arrested on suspicion of drunk driving at 1.15 a.m. and taken to Dundalk Garda station where Dr Harpel Gujral was called to take a sample within the required three hours.
The doctor said he was approaching Dundalk when he met a Garda roadblock on the Dublin road. Cunningham identified himself and said that what he had to say was embarrassing but the man arrested was very good to gardai in Dromad and the doctor should turn back, turn off his mobile phone and go home.
The sergeant also told him not to worry; that everything was taken care of; it was a very sensitive matter and had been given the OK at top level. He also said the doctor's fees would be taken care off.
The doctor turned around and was on his way back towards Slane when the defendant drove alongside him, signalled him to stop and he was again told what to do. This time the sergeant said the doctor was to ring gardai in Dundalk at 4 a.m. and tell them his car had broken down and he could not make it.
However, when Dr Gujral got home he spoke to another garda, Sgt John Clarke, who drove him to Dundalk Garda station and a urine sample was taken.
Mr Moylan said on the night Cunningham had spoken to the arresting garda as well as his superintendent. The sergeant had identified himself to the doctor and even brought another garda with him to the roadblock. If he was guilty he must be the most incompetent criminal in the history of the State. The sergeant was the victim and has lost the most.
State Prosecutor Mr Roddy O'Hanlon said the facts of the case were admitted and there was no doubt the sergeant had attempted to frustrate the course of justice when he set up the roadblock. If the urine sample had not been taken then it would have been absolutely clear the sergeant would have frustrated that process.
Outside the court, a freelance photographer, Tom Conachy, was assaulted as he waited with other members of the press to take a photograph. A man came up to him and punched him in the mouth, breaking a tooth.