An allegedly drunken truck driver admitted "making s***e" of Tánaiste Michael McDowell's garden in Ranelagh, Dublin, a court heard yesterday.
Judge Terence O'Sullivan was told the admissibility of a statement, in which Patrick Hayes is alleged to have confessed to ripping up the lawn at Mr McDowell's home, may decide the issue.
Solicitor Robert Dore, appearing for Hayes in his appeal against a drink driving conviction and fine, told Judge O'Sullivan he should throw out the statement Hayes admits having made to gardaí.
Mr Dore said the statement, in which Hayes (38) said he had drunk half a bottle of vodka and six cans of Budweiser before driving to Mr McDowell's house to lift a skip, had been made regarding criminal damage to the Tánaiste's garden and not in relation to an intoxiliser test.
Judge O'Sullivan said he was slightly amused by the rather colourful phrasing of the statement in which Hayes had said: "I made s***e of the garden trying to reverse the truck."
Prosecution solicitor Ray Briscoe said the court should accept the statement which had been made voluntarily and signed after caution by Hayes.
He said Hayes had been fined €800, disqualified from driving for 12 months and had his licence endorsed in the District Court in April 2006. The conviction related to a call by gardaí to Mr McDowell's home at Charleston Road, Ranelagh.
Garda Conor Bresnan said Mr McDowell told him a Green Star skip lorry had entered his property to collect a skip and had damaged his lawn. Mr McDowell believed Hayes had drink taken. Hayes was beside the lorry which was embedded in the lawn.
"I got a very strong smell of alcohol from Mr Hayes whose eyes appeared to be glazed," Garda Bresnan said.
"I asked him if he had been drinking and he said he had drunk a half bottle of vodka and a number of cans of Budweiser at his home that morning."
Believing he was incapable of having control of a mechanically propelled vehicle, he arrested him for drink driving and took him to Terenure Garda Station for an intoxiliser test.
Garda Bresnan said that when Hayes was released he and Det Garda Thomas Gormley spoke to him outside the station and told him he might wish to make a statement and tell his side of the story in relation to the damage to Mr McDowell's garden. He was not under arrest at the time, had been cautioned and the statement had been voluntary.
Hayes explained he had a serious drink problem and needed drink to cope with the day and get it up and running.
Mr Dore submitted there was no evidence that Hayes had driven the truck in a public place within a three-hour period prior to the intoxiliser test.
Judge O'Sullivan said he had to decide whether or not there had been a valid arrest and, if so, was there evidence of a valid time of driving to substantiate that arrest. He reserved judgment.