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Hip Flask defense strategy by ex Garda for nephew in drink driving incident.


Eoin Coir

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At Limerick district court a Limerick hurler Mark Foley was cleared of drink diving charge after it emerged that his uncle an ex garda had given him some whiskey after he was involved in an incident and was subsequently put through the drink driving procedures. The uncle Jerry Foley put it seems, some whiskey in his coffee as the nephew "looked unwell".

The judge O'Kelly,was unhappy with the entire affair, but had to dismiss it as the state was not able to contradict it. The 1994 RTA seems to put the onus on the defense to prove that the hip flask swig actually put the accused over the line. But there is goes anyway, Foley was acquitted.
The judge lashed out at the cuteness and conniving between the uncle and the nephew.


Judge blasts
 
Last edited:


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Oct 8, 2011
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Reminds me of the story about Flann O'Brien being taken to the station on suspicion of drunk driving. The sergeant said to him that he'd be put in a cell until the doctor arrived to take a blood sample.

"The doctor, is it?", Flann is said to have answered, taking a half-bottle from his inside pocket and kncking half the contents back.

"Ye can tell him I'm drunk".

They had to let him go.
 

DaveMc

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Jan 31, 2009
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At Limerick district court a Limerick hurler Mark Foley was cleared of drink diving charge after it emerged that his uncle an ex garda had given him some whiskey after he was involved in an incident and was subsequently put through the drink driving procedures. The uncle put, it seems, some whiskey in his coffee as the nephew "looked unwell".

The judge O'Kelly,was unhappy with the entire affair, but had to dismiss it as the state was not able to contradict it. The 1994 RTA seems to put the onus on the defense to prove that the hip flask swig actually put the accused over the line. But there is goes anyway, Foley was acquitted.


Judge blasts
Ah, the last two untouchable Mafia groups in Ireland show their true colours once again.
 

Trainwreck

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At Limerick district court a Limerick hurler Mark Foley was cleared of drink diving charge after it emerged that his uncle an ex garda had given him some whiskey after he was involved in an incident and was subsequently put through the drink driving procedures. The uncle Jerry Foley put it seems, some whiskey in his coffee as the nephew "looked unwell".

The judge O'Kelly,was unhappy with the entire affair, but had to dismiss it as the state was not able to contradict it. The 1994 RTA seems to put the onus on the defense to prove that the hip flask swig actually put the accused over the line. But there is goes anyway, Foley was acquitted.
The judge lashed out at the cuteness and conniving between the uncle and the nephew.


Judge blasts
unbelievable.

The funniest bit is where the defendant claimed that when he initially admitted that he had been drinking 4-5 hours earlier (an admission of an illegal act) he did so to protect his uncle from an admission that he was given alcohol immediately before the test (not an illegal act).


I wonder if he has ever admitted to a murder he never committed because he wanted to protect an uncle from having to admit that he bought him a legally acquired and licenced target shooting pistol.


After some recent personal experiences, my confidence in the Garda is sinking ever lower. No, I don't want to hear about bad apples.
 

Eoin Coir

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I think the judge might have convicted, as they have no reason to believe tall tales- like in an accident - a chicken ran across the road and I had to swerve.
 

Trainwreck

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I think the judge might have convicted, as they have no reason to believe tall tales- like in an accident - a chicken ran across the road and I had to swerve.
I wouolld have thought that a judge could refuse to accept the credibility of testimony.

I fear that the ramifications for such a judge taking on a member of the Garda famiglia would not be pretty.
 

emulator

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Disgraceful behaviour by an ex-Garda.

Surely in this day and age they could've done a series of tests to find out the exact effect of knocking back a shot of whiskey on a breath/blood sample. Then, just take this away from the total ? I'd also be asking where the ex-Garda got the small bottle, did he just buy it or happen to have it at home ? How many people have Hotel sized bottles of whiskey in their house....

I didn't realise from the OP that someone had been knocked down. If I was them I would bring a case myself against the driver.
 

Mr. Bumble

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At Limerick district court a Limerick hurler Mark Foley was cleared of drink diving charge after it emerged that his uncle an ex garda had given him some whiskey after he was involved in an incident and was subsequently put through the drink driving procedures. The uncle Jerry Foley put it seems, some whiskey in his coffee as the nephew "looked unwell".

The judge O'Kelly,was unhappy with the entire affair, but had to dismiss it as the state was not able to contradict it. The 1994 RTA seems to put the onus on the defense to prove that the hip flask swig actually put the accused over the line. But there is goes anyway, Foley was acquitted.
The judge lashed out at the cuteness and conniving between the uncle and the nephew.


Judge blasts
Typical of the peasant mentality in Ireland. At least their lying has been exposed and reported for all to see.
 

Trainwreck

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Typical of the peasant mentality in Ireland. At least their lying has been exposed and reported for all to see.
With a nice photograph of him laughing right at us:




And his Uncle [i presume] seeming to say "what are you going to do about it?"
 
D

Dylan2010

I'm sure hell get a round of applause in his local GAA club this weekend and all the free beer he can drink
 

Ryan Tubbs

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An utterly farcical defence. I don't know how any judge in the land could take this seriously.

I felt embarrassed for Paul Anthony McDermott having to go on Myles Dungan this morning having to discuss this pack of lies "defence" as if it were a legal conundrum which had faced common law systems fur centuries.
 

Hitch 22

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You can only convict people of breaking the law based on the evidence.
The prosecution could not prove its case.
And that is that as they say.
 

enuffisenuff

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Im not condoning this, but when the leader of a country can get away with "I won the money on a horse" then all everything else is fair game.........
 
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You can only convict people of breaking the law based on the evidence.
The prosecution could not prove its case.
And that is that as they say.
The day that the rules regarding evidence are loosened to the extent which would have obtained a conviction would be a bad day for us all.
 

Sister Mercedes

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You can only convict people of breaking the law based on the evidence.
The prosecution could not prove its case.
And that is that as they say.
The evidence was tampered with. Why isn't that a crime, and why isn't the ex-Garda in jail?
 

Eoin Coir

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The uncle should be pursued at attempts to pervert the course of justice. Medically giving a person a shot of whiskey to improve his condition is laughable too.
 

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