06 Oct 2022

Case dismissed after handcuffs used on Donegal man 'with no justification'

The man's solicitor successfully contested that his client was 'unlawfully arrested' when the matter came before Letterkenny District Court

Letterkenny courthouse

Letterkenny District Court

A District Court Judge dismissed a case against a Donegal man whose solicitor said his client was unlawfully arrested.

Judge Éiteáin Cunningham threw out the case against Adrian Gallagher at Thursday’s sitting of Letterkenny District Court.

Gallagher, a 34-year-old of St Bridget’s Terrace, Drumkeen, was charged in relation to an incident on July 23, 2016.

Gallagher was allegedly four-and-a-half times over the legal alcohol limit when detected by Gardaí at Lower Main Street, Letterkenny.

Gallagher was found with a concentration of alcohol exceeding 67milligrammes of alcohol pr 100 millilitres of urine, to wit 308 milligrammes of alcohol per 100 millilitres of urine.

On the same date, Gallagher is charged with refusing to provide Gardaí with a breath sample.

Gallagher’s solicitor, Mr Kieran Dillon, claimed that his client was unlawfully arrested, arguing against the use of handcuffs.

Inspector Paul McHugh the the court that he had spoken to the arresting Garda, who said he ‘just used the handcuffs with no justification’.

Taking the comment into account, Inspector McHugh said Gardaí would be ‘slow to proceed’ with the case.

Judge Éiteáin Cunningham dismissed the matter.

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