Laois Garda says man who feared needles had tattoos

Gardaí produced photographs of tattoos in the case of a man who refused to give a blood sample due to his fear of needles. 

James Kelly (30) of 423 Market Mews, Maryborough, Portlaoise, was accused of refusing to provide a sample at Portlaoise Garda Station on February 25 last. 

Garda David O’Byrne said he stopped the defendant, who is also known as James Ryan, driving a 10WW registered VW Golf on the Mountrath Road in Portlaoise at 10.30am on the date in question. 

Garda O’Byrne said he stopped the car after he observed it failing to use the correct lane at a roundabout and not indicating off the roundabout. On speaking to the driver, Garda O’Byrne said he noticed a smell of cannabis and the defendant had bloodshot eyes and his speech was slurred.

He carried out a search of the car but didn’t locate any drugs. He then conducted a roadside drug test which he said returned a positive reading for drugs. The man was then arrested and brought to Portlaoise Garda Station. 

Garda O’Byrne said a doctor was called before he made a requirement for a blood sample. He said the defendant “informed gardai that he had a fear of needles.” He said the man was then asked for a urine sample which he also refused “as he stated he did not feel comfortable urinating in the presence of other members.” 

Garda O’Byrne then produced photographs which he said showed tattoos which the defendant had and contradicted his claim of fearing needles. 

Judge Andrew Cody asked had the photographs been disclosed to the defence and he was told they had not. 

Andrew Dunne BL took issue with the photographs and said he had not received a copy. He asked Garda O’Byrne when he had completed his statement on the case. He was told it was compiled within eight weeks of the incident. 

Mr Dunne said there was tipp-ex over a word in the statement which was then written on with pen. Garda O’Byrne said he knew nothing about it and said the writing wasn’t his. 

Mr Dunne asked him if the accused had used a false name. Garda O’Byrne said he hadn’t. “He did mention that he is also known as James Kelly,” he said. 

Mr Dunne said there were a large number of errors in the statement. He said the accused is called Ian at one point and the doctor’s name is incorrect in another part of the statement. Mr Dunne also noted that the blood sample was requested under Section 13 of the Road Traffic Act and the Urine was later requested under Section 12 of the Road Traffic Act.

Garda O’Byrne said he had liaised with a Sergeant who had advised him to proceed in that way. 

In submissions to Judge Cody, Mr Dunne said the defendant was accused of refusing the blood sample. He claimed the new request for a urine sample “negated” his previous request. 

He also said the court cannot be satisfied with the statement provided to the defence. He said it was the only statement the defence had to rely on and it contained a number of errors. He said reasonable doubt had been cast on the prosecution. 

Judge Cody said it was open for the accused to give evidence if he wished. 

“I am satisfied right up to the refusal that Garda O’Byrne acted correctly,” said Judge Cody. 

He described the second demand as “a bit of a red herring” and said in relation to the errors, “we are all human” and he noted the man used two names. He said he was satisfied with the evidence and he convicted the defendant and asked about previous convictions. 

Garda Sergeant JJ Kirby said the man had 20 previous convictions but none for intoxicated driving. 

Mr Dunne said his client was from a family which was “somewhat engaged in the drugs world” and his mother had died from an overdose. He said the man has come on “leaps and bounds” since becoming a father. 

Garda Sergeant JJ Kirby said “I know him for a long time. He had a very hard upbringing.” He agreed that the man was “making great strides” at improving his life. 

Mr Dunne said “he is doing his best.” 

Judge Cody disqualified the man from driving for four years and fined him €500. He gave him 12 months to pay the fine and fixed recognisance in case of appeal.

The man then appealed the case before the sitting of Portlaoise District Court had concluded.