Majority of five-judge panel agreed that court bound by a 2014 ‘letter of the law’ decision
The error occurred ahead of the man’s District Court conviction for driving while under the influence of an intoxicant. Photograph: PA Wire
The court of five judges split in its decision with three agreeing with a 2014 oral decision, delivered by a three-judge Supreme Court, that the statements were not admissible evidence due to the error. Ruling for the majority, Ms Justice Iseult O’Malley said it is clear the garda’s sequencing error had “absolutely no effect on the rights of the defendant to a fair trial”.
Dissenting, Mr Justice Gerard Hogan, supported by Mr Justice Peter Charleton, held that the 2014 judgment was “clearly wrong”, such that the Supreme Court was free to depart from it. The DPP’s appeal asked the court to interpret the legal effect of a garda’s admitted failure to “duly complete” two identical statements produced by a breathalyser machine “in the prescribed manner”. The garda did not sign the statements before the accused, as required by the 2010 Act, and instead signed them immediately after the accused.
In the court’s lead judgment, Ms Justice O’Malley noted the court has the power to overrule one of its earlier decisions where it is convinced the judgment was erroneous. ‘My whole life was ruined’: Taxi driver awarded €46,500 over impact of fatal head-on crash in Co Wexford
Road-Safety Director-Of-Public-Prosecutions
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