Good Samaritan praised for stopping drunk driver travelling between Limerick villages
A GOOD Samaritan stopped a motorist as he feared the driver was “going to kill someone”, Newcastle West Court heard.
Thomas Lee Min Siang, aged 50, of Corner House, Athea pleaded not guilty to drink driving at Cratloe West, Athea on December 10, 2021.
During the hearing, the defence argued the case should be struck out as the defendant was not in charge of the vehicle as the Good Samaritan had taken the keys off him.
Garda Errol Flynn said he received a call reporting that a vehicle was 'weaving' on the road between Athea and Abbeyfeale and was being driven in a dangerous manner.
“I attended the scene around 2.20pm and observed a male (the accused) standing beside a vehicle, Garda McCarthy and the witness who reported the erratic driving. I spoke to the driver who said he was driving to Tesco in Abbeyfeale.
“I asked him when he had his last drink. He said, ‘Six hours ago, about 6am’. There was a strong smell of alcohol on his breath, his speech was slurred and eyes were glassy. He failed a roadside breath test. I arrested him on suspicion of drink driving and conveyed him to Rathkeale garda station. The reading was 67mgs of alcohol per 100mls of breath,” said Garda Flynn.
Mr Siang was represented by Kenneth Kerins BL, instructed by solicitor Michael O’Donnell.
Mr Kerins asked Garda Flynn if he was aware that the witness drove the car.
“Yes, I knew he moved it off the road into a safer location as it was blocking a driveway,” said Garda Flynn.
The member of the public who stopped the driver was next to give evidence.
“I noticed a car going on the opposite side of the road. There was a man walking down the road. The car went up on the bank. I started flashing my lights and blowing my horn. He pulled into the entrance of a bungalow. I pulled in in front of him. When I spoke to him, he was very polite. I rang the guards and they came soon enough. I moved the car about 10 yards because the homeowners couldn’t get out,” said the witness.
Inspector Oliver Nally, prosecuting, asked did he notice anything about the motorist.
“He was very drunk. I could smell it off him and there was an unbelievable smell of drink in the car. He told me he was drinking earlier. He said he was sorry and wanted to go driving again. He was going to kill someone,” said the witness.
Mr Kerins praised the man for doing his “civic duty”.
“You were concerned, you stopped the car and took the keys from him for your own safety and his own safety. He was not aggressive,” said Mr Kerins, who asked the witness if he moved the car.
“Yes, I moved it forward,” he replied.
The last person on the stand was Garda Denis McCarthy who also attended the scene.
Mr Kerins asked him if the witness had taken the keys from the car and handed them to him
“Yes,” said Garda McCarthy, who confirmed he then gave the keys to Garda Flynn.
In summing up, Mr Kerins made an application to Judge Carol Anne Coolican for the case to be struck out.
“A civilian did his civic duty - he stopped the car and took the keys. He moved the car so the homeowners could get out. He gave the keys to Garda McCarthy who handed them to Garda Flynn. Garda Flynn formed an opinion that Mr Siang had consumed an intoxicant,” said Mr Kerins, who cited the Road Traffic Act which states, “A person commits an offence when in charge of a mechanically propelled vehicle”.
“It cannot be said he (defendant) was in charge of the vehicle,” said Mr Kerins.
Insp Nally said Mr Siang was in charge of the vehicle.
“It is a common occurrence that keys are taken from the individual. I’ve done it myself if the car has to be moved from the road. Often the driver pulls over in an unsafe position. We have to make it safe for them, other road users and ourselves. It happens every day,” said Insp Nally.
Following the hearing, Judge Coolican adjourned the case to consider her decision and at the last court in Newcastle West before Christmas, she said the question was whether the person was in charge or not.
“There is no statutory definition of what ‘in charge’ means. It depends on the circumstances and evidence,” said Judge Coolican, who cited case law which referred to “common sense” with regard to whether a person was in charge of a vehicle or not.
Judge Coolican found Mr Siang guilty of drink driving.
In mitigation, Mr Kerins said his client has been in the country for 20 years, hasn’t come to court before, has no previous convictions, was polite and co-operated fully, is a working man and can pay a fine.
Judge Coolican disqualified Mr Siang from driving for three years and fined him €500.