Drug driver told Laois Garda Sergeant to go beat his wife

A man called a garda a pig and told the garda to go home and take out his anger by beating his wife, in the worst case of roadside abuse a judge said he had ever heard.  

Bernard McDonagh (49) of Linden Court, Ballyfin Road, Portlaoise denied drug driving and careless driving at Harpurs Lane, Portlaoise on June 17, 2022. 

Sergeant Eoin Gardiner said he was on patrol that day and observed a 131C registered Ford Mondeo travelling at speed from the Link Road at around 4.45pm. 

He said the defendant seemed to observe gardaí before he “slammed on” the brakes and then the car jumped forward a moment later. Garda Gardiner said he put on the lights and sirens and pulled out in front of the car to prevent it continuing. 

He said the defendant who was driving the car became quite irate.  “He was very aggressive and it looked like his pupils were dilated,” he said. 

The man jumped out of the car and called Sgt Gardiner a pig. Sgt Gardiner said the man’s behaviour was irrational and he arrested him at 5.50pm. 

“He said, ‘I can’t do that. F**k off  you pig’,” and “‘f**k off you bastard, you can’t arrest me’,”   Sgt Gardiner said.  The man resisted arrest and had to be placed in handcuffs. 

“He called my wife a whore and told me I should go beat her up and take out my anger on her,” Sgt Gardiner said.

He said the man’s aggressive behaviour continued back at Portlaoise Garda Station and said it was all directed at him. 

He said a sample of blood was taken which tested negative for alcohol but positive for a type of benzodiazepine which he said was a controlled substance. 

Defence solicitor Philip Meagher asked about the substance found in the man’s blood. He said the certificate does not say that it is a controlled drug. 

Mr Meagher also questioned the time of arrest at 5.50pm. He said this was incorrect and the arrest is tainted. 

“The arrest is tainted and therefore everything there in is fruit of the poison tree as it were,” said Mr Meagher. He said the drug was a constituent of many prescription medicines and his client was taking medication. 

Mr Meagher said the Gardaí suggested the gardaí had pulled out in front of the man’s car and that was why he had slammed on.  He said the man didn’t try to reverse or drive around the gardaí. 

Judge Andrew Cody said he believed the mention of 5.50pm was “a slip” on the part of the garda but the arrest was at 4.50pm. He said it made no difference whether the controlled drug was prescribed or not. He convicted the man and asked if he had previous convictions. 

Sgt Gardiner said the man had 35 previous convictions including five under the road traffic act. 

Judge Cody said it was “the most appalling behaviour I have ever heard” in relation to intoxicated driving. He branded the comments as “utterly disgraceful”. 

Mr Meagher suggested that there were exchanges, according to his client. “He would say there was a bit of a two way flow of verbals,” he remarked. He said the garda would know the defendant for a number of years. 

Judge Cody said “Sgt Gardiner has been appallingly abused at the side of the road” and he said he would have to be permitted to respond to Mr Meagher’s comment. 

“I am a professional garda. I definitely wouldn’t be his biggest fan but I just do my job and go home,” said Sgt Gardiner. 

Mr Meagher said his client “fully accepts that what he said was abhorrent and horrible.” 

He said the man “overreacted completely and said some words which were particularly insulting to Sgt Gardiner.” 

Mr Meagher said his client would say he was objecting to being handcuffed. He also said the drugs in his system can be explained by “a cocktail of prescription drugs” he had been taking for insomnia, depression and an ulcer.

Judge Cody described the incident as “the most appalling behaviour” he had encountered in relation to a traffic stop.  

“The worst case of dogs abuse I have ever heard of any garda stopping on the side of the road,” he said. 

He jailed the man for nine months, fined him €1,000 and banned him from driving for ten years. He fixed recognisance in case of appeal.