Courts / Dublin / Report

Breathalyser ruling overturned by appeal court

Summary

In a 2016 Court of Appeal decision, the appeal court overturned a District Court ruling that had declared breathalyser statements printed only in English invalid. The case stemmed from a 2014 prosecution of 29‑year‑old Mihai Avadenei in Swords, Co. Dublin, where the Evidenzer Irl breathalyser produced two identical statements—one in English and one in Irish—for the suspect and a Garda to sign. The District Court judge, Colin Gibbons, held that the absence of the Irish half meant the document was not "duly completed" and could not be admitted as evidence. The Court of Appeal, led by Justice John Edwards, found that the omission was a procedural formality, not a substantive defect, citing Section 12 of the Interpretation Act 2005. The appeal was allowed, affirming that the statements were in the prescribed form and thus admissible, and the court will later consider costs.

Who, what, where, when and why

What: Report matter: Breathalyser ruling overturned by appeal court. Procedural stage: appeal

When:

• 2016-05-10 Publication

Why: However, during during District Court proceedings in 2014, solicitor Michael Staines, for Mr Avadenei, argued that the statement produced following the Evidenzer test was not valid because it was in English only. CNI source report

Places mentioned

Topics

Stage Appeal

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Read the original CNI report