Noel Baker
A man arrested for dangerous driving tried to take a swig from a bottle of whiskey before then saying he had to urgently go to the toilet, defecating and then trying to smear it on the Garda.
James Healy, of Farran, Ring in Co Cork, who ended up naked in the incident near Timoleague last July, had “practically toxic” levels of alcohol in his system and apologised to gardaí for his actions, which included twice trying to smear the arresting officer with faeces.
At Clonakilty District Court Judge James McNulty heard that at Barry’s Hall, Timoleague at 6.25pm on July 3rd last, Garda Joseph Tippins spotted a blue Opel Corsa driving dangerously, cutting corners and veering across the central white line.
On being signalled to stop by Garda Tippins, the car - driven by Mr Healy, who is now 61 - braked hard and made a sharp turn into a farmyard.
Sgt Tom Mulcahy told the judge that as Garda Tippins approached the vehicle Mr Healy - who appeared very intoxicated - went to his passenger door and took a bottle of Jameson whiskey, which he opened and attempted to drink.
Garda Tippins removed the bottle before he could do so, but at 6.31pm Mr Healy told the Garda he needed to defecate.
Sgt Mulcahy said Mr Healy dropped his trousers and underpants and defecated all over this lower clothes and shoes. Taking some grass he attempted to clean his himself but then tried to throw it at Garda Tippins.
The court heard by now Mr Healy was naked from the waist down, again telling the garda he needed to defecate.
This time, having done so, he tried to wipe his hand over Garda Tippin, who was on his own in the incident and awaiting assistance.
He put Mr Healy face down, the defendant then pulling off his remaining clothes.
Once at Bandon Garda Station he was able to take a shower and was given clean clothes.
A blood sample later showed Mr Health had 294ml of alcohol per 100ml of blood, a level Judge McNulty described as “practically toxic”.
Mr Healy - who had four previous convictions, including two for drink-driving - had earlier pleaded guilty to the offences.
His solicitor, Myra Dinneen, said Mr Healy’s conduct was “appalling” but she wondered if he had some trauma which resulted in him letting himself down in such a way. She said her client had pressures at present, including over his property.
Ms Dinneen said her client had worked hard all his life and had reared two sons but had developed a certain dependency on alcohol. Judge McNulty said it seemed to be more than that.
Mr Healy had been detained overnight at Bandon Garda Station from a previous court appearance on Monday and the judge gave Mr Healy credit for his guilty pleas, his age and the fact he appeared to be addicted to alcohol. But he said there were several aggravating factors in the incident.
“I have to observe that I can’t think of any public servant or anyone working in the private sector who deals with difficult behaviour or customers who have to put up with this kind of gross misconduct,” Judge McNulty said, also referring to the risk to other road users due to Mr Healy’s behaviour. “The description of events are quite disgraceful.”
He said the case could only be dealt with by custodial sentence, which he said needed to be exemplary to act as a deterrent to others.
For obstructing the taking of a breath sample Mr Healy received a four-month prison sentence, with another four-month sentence handed down for dangerous driving and another four months for drink driving. Mr Healy was also disqualified from driving for four years.
Recognisance for appeal was lodged on Mr Healy’s own bond of €1,000, no cash required.
