A Cork county councillor who was allegedly driving while drunk fled from a Garda checkpoint, a court heard yesterday.
Veteran Fine Gael councillor Michael Hegarty (51), from Moanroe, Lady’s Bridge, Co Cork, was before Youghal District Court. He was charged with drink driving on August 21st, 2012.
Garda Cillian Barry gave evidence before Judge Terence Finn that he and his colleague Garda Shay Lyons were conducting a checkpoint at Ballymacoda, Co Cork, shortly after midnight.
He said he saw a car approaching the checkpoint and stopping a short distance away at a junction.
It turned “suddenly” to the left with a screech of wheels.The gardaí gave chase in their patrol car and saw it turning into an area known as Ballydaniel and then turn into the car park of a church.
Ran from gardaí
Garda Barry said the driver got out of the car and ran from the gardaí. He gave chase on foot and saw the driver jumping over the wall of the church yard into a derelict area in Ballymacoda village.
He repeatedly shouted for the man to stop and he identified himself as a garda.
He said he saw Mr Hegarty hide in a bush. He drew his baton and directed him to come out. He said Mr Hegarty emerged from the bush.
After cautioning him, Garda Barry said he replied: “I just panicked – I had a few drinks.”
The garda stated that he detected a smell of alcohol and slurred speech from Mr Hegarty.
He asked, under the road traffic legislation, for him to provide a sample of breath at the road side. The device showed a result of “fail” and Garda Barry then arrested Mr Hegarty.
Embarrassed
He said the councillor asked gardaí to move his car from the churchyard as he was a local representative and he would be embarrassed if his constituents saw the vehicle.
Mr Hegarty was taken to Midleton Garda station where he underwent an intoxyliser test and recorded a result of 61 microgrammes of alcohol per 100 millilitres of breath, which is almost twice the legal limit.
Not free to go
Defence solicitor Brian O’Callaghan asked Garda Barry if he had placed the accused under arrest when he took him from the derelict hiding place and placed him in the patrol car.
Garda Barry said that the man was not under arrest but was not free to go.
Mr O’Callaghan made an application to the court for dismissal of the case on grounds associated with the initial actions and arrest by Garda Barry.
Insp Eoin Healy asked that the case be adjourned pending an examination of the large volume of case law quoted by Mr O’Callaghan.
Judge Finn granted the application and adjourned the case until March 15th for a further hearing at Youghal District Court.