A garda sergeant who is on trial on a charge of attempting to pervert the course of justice has said he was authorised by his superintendent to set up a roadblock to stop a doctor on his way to take a blood or urine sample from a man arrested on suspicion of drink-driving. Sgt James Cunningham (43), New House, Abbeylands, Duleek, Co Meath, has denied the offence alleged to have happened at Dublin Road, Dundalk, Co Louth, early on September 13th, 1997.
He told Dundalk Circuit Criminal Court yesterday that he had set up the roadblock to try to stop the doctor from reaching the station, but believed he was doing his duty and was acting with the authorisation of Supt Michael Staunton. The superintendent has denied this. At the time, Sgt Cunningham was stationed at Dromad on the main Dublin-Belfast road. The nearby Carrickdale Hotel is owned by the man arrested on suspicion of drink-driving, Mr Patrick McParland.
Garda Eric McGovern arrested Mr McParland at 1.15 a.m. and took him to Dundalk Garda station where Mr McParland asked that the Dromad station be informed. Sgt Cunningham was on duty and arrived at Dundalk Garda station some time later.
Garda McGovern said the sergeant told him he did not realise whom he had arrested and that Mr McParland was very good to the gardai in Dromad. The garda said he was just doing his job.
Garda McGovern rang Dr Harpel Gujral in Slane, Co Meath, and asked him if he would go to Dundalk Garda station and take a blood or urine sample from the arrested man. Under legislation, the sample must be taken within three hours of being arrested on suspicion of drink-driving.
Dr Gujral said that as he was approaching Dundalk, he saw two gardai at a roadblock. He stopped and Sgt Cunningham identified himself. Sgt Cunningham said that what he had to say was embarrassing, but the doctor should turn back, turn off his mobile phone and go home.
He was told everything was taken care of, it was a very sensitive matter and had been given the OK at top level. His fees would be taken care off.
Dr Gujral had turned his car 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.
However, when Dr Gujral got home, he spoke to Garda Sgt John Clarke at Slane, who drove him to Dundalk, where he took a urine sample from the prisoner.
Supt Staunton said he had been working late that night as there was a fatal stabbing in Dundalk that evening. He was in his office and some time between 1.30 a.m. and 2 a.m., Sgt Cunningham had asked to speak to him and told him of the arrest. The superintendent said there was nothing he could do.
Cross-examined by Mr Sean Moylan SC, Supt Staunton said he could not dispute what the sergeant believed but they did not discuss stopping the doctor and he did not know why the sergeant would have left his office believing he was authorised to do so.
In his evidence Sgt Cunningham said Dromad was busy, with continuous subversive activity and thousands of young people who socialised at the hotel at weekends.
Without the assistance of the staff and the McParlands, he said it would be difficult to operate a Garda force.
When he suggested a roadblock to stop the doctor, the superintendent replied "that's the thing to do". He set up the roadblock believing he was authorised to do so. He was making the doctor aware of the situation. Sgt Cunningham said he did not prevent the doctor going into Dundalk but let him make up his own mind.
The case continues before Judge Raymond Groarke.