Longford District Court: ‘This is all lies,’ man tells gardaí after N4 arrest

A man has walked free from court after gardaí arrested him while walking along the main Longford to Edgeworthstown road on suspicion of being under the influence of an intoxicant.

Ritvars Razma (26), 51 Bracklin Park told Judge Bernadette Owens at a recent District Court sitting that he had spent eight hours in a casino in Longford town before missing a bus and deciding to walk to work along the main N4.

Mr Razma, the court heard, was arrested under Section 4 of the Public Order Act on suspicion of being intoxicated in a public place.

Garda Rachel Carlin gave evidence of having received a call of a male being sighted walking along the busy carriageway shortly after 6am.

She said gardaí arrived at 6:15am and told of how she struggled to spot the accused walking along the hard shoulder.

Garda Carlin said such was her difficulty in identifying Mr Razma, who was also wearing no high visibility clothing, gardaí accidently passed the accused and were forced to turn back and speak with the factory worker directly.

“I believe he was under the influence of an intoxicant,” she said, adding Mr Razma's speech was “slurred”.

Garda Carlin said Mr Razma was arrested for his own safety and brought to Longford garda station.

She said after arrest, charge and caution, Mr Razma said: “It's all lies.”

Bríd Mimnagh, defending, said Mr Razma decision to fight the case was indicative of his own feelings on the issue.

“He is adamant that he had no drink or drugs taken on the night in question,” she said.

Taking the witness box himself, Mr Razma told of how he was employed with a firm in Edgeworthstown and had been in a casino from 8pm the previous evening.

“No Judge,” was Mr Razma's reply when asked if he had been under the influence of either drink or drugs on the morning of the incident.

The court was also informed there was an additional reason for Mr Razma's sobriety, owing to the presence of a probation bond which the accused was under the confines of at the time of the incident.

“I wasn't intoxicated,” Mr Razma told Judge Owens.

“I was in the casino that night and I was walking to work as I missed the bus.”

Sgt Conor McShane, for the prosecution, cross examined Mr Razma and said his version of events simply did not carry any semblance of credence.

“I put it to you that you were out that evening and you were intoxicated walking down that road,” he said.

Mr Razma, was however, staying resolute, adding: “No, I wasn't drunk.”

He also attempted to insist his initial interaction with gardaí had been a physical one.

“They (gardaí) pulled me over and the Garda grabbed me like this,” he said, while making a gesture to illustrate how he was arrested.

“And they took money off me.”

Sgt McShane replied, saying such insinuations were not only not credible, but “totally fabricated”.

In closing the State's case, Sgt McShane said there was more than enough evidence at the court's disposal to convict Mr Razma.

“She (Garda Carlin) outlined her concerns and her evidence demonstrated he was intoxicated,” he said.

“His demeanour was that he was intoxicated.”

Sgt McShane continued by maintaining the viewpoint offered up by the accused was, at best, inconsistent.

“His evidence to the court was weak by saying he was in the casino all night and then went to work,” he said.

Ms Mimnagh, in putting forward her own submission, said while Mr Razma's decision to walk along such a busy stretch of road during the early part of the morning was unwise, the law under which was arrested raised more questions than it had answered.

She said one of the questions the court had to ask itself was whether Mr Razma was a danger to the public.

“Section 4 (of the Public Order Act) clearly states it has to be due to an intoxicant and he says he wasn't,” she said.

“He is on probation and has to comply by certain probation terms.”

As she delivered her verdict, Judge Owens said the court must be satisfied “beyond all reasonable doubt” that the State had met the required threshold under existing legislation to convict the accused.

She said while she was “quite satisfied” the Gardaí acted appropriately by deciding to intervene, the “somewhat indistinct” vernacular of Mr Razma could easily be confused with someone who had consumed an intoxicant.

On that basis, Judge Owens said she was not fully convinced the State had met the required threshold and dismissed the case against Mr Razma.