Driver who told Louth gardaí he had a fear of needles convicted of refusing to give blood sample

By Francis Carroll, The Drogheda Independent

A 21-year-old student who told gardaí that he had a fear of needles said he offered to give urine instead of blood following his arrest on suspicion of drug driving, the district court has heard.

Cathal Feely, Calmor View, Lislea, Newry, contested a charge of refusing to give a blood sample at Dundalk Garda Station last year.

He testified that he was willing to give a urine sample but Gardaí told him it had to be blood.

The arresting officer said that didn’t happen, neither did the accused highlight that he had a fear of needles.

Judge Nicola Andrews convicted Mr Feely, fining him €1,000 and imposing a four-year driving disqualification.

Gda Oisín McCabe said that at 2.50am on May 27, 2024, he saw a grey Seat Leon swerving on the Dublin Road, Dundalk, and going into the Glenwood housing estate without indicating.

He stopped this car. The driver’s pupils were dilated and his lips dry. An oral fluid test returned a positive result for cocaine.

Gda McCabe continued that he formed his opinion and at 3.15am arrested Cathal Feely on suspicion of drug driving.

Cross-examined by barrister Martin Dully, instructed by solicitor Ciarán Hughes, the witness said that the accused stated he wasn’t going to give a blood sample.

He never highlighted that he had a fear of needles.

It was put to the officer that Mr Feely offered urine and was told by another Garda that it had to be blood.

"It didn’t happen,” Gda McCabe replied.

Member in charge of the Garda station Gda David Bermingham said that he phoned a solicitor requested by the defendant on an office number and left a voicemail.

To the best of his knowledge he would have advised Mr Feely of his right to another solicitor and that he declined.

It was an oversight not to put that in the custody record, he told counsel.

Cathal Feely, who has no previous convictions, testified that he wasn’t given a list of other solicitors to contact, nor did he decline an opportunity to contact another solicitor.

He said that he told Gardaí that since school he had “a bad phobia of needles.”

He offered on a few occasions to give urine and continued that he was told he wasn’t allowed to give urine.

A female Garda left the doctor’s room and came back to tell him that he had to give blood.

Regarding his fear of needles, Mr Feely replied to Garda Inspector Martina Gallagher that at no stage during Covid did he take a vaccine. Neither did he take an anaesthetic at the dentist.

He denied not informing the member in charge of his fear of needles.

"I told him I hadn’t taken the Covid vaccine.”

Among the submissions made by Mr Dully was a “disturbing failure to record important information in the custody record”.

Inspector Gallagher said that the arrest in this instance only allowed for a blood sample to be taken.

There was evidence that Mr Feely refused to provide a sample.

Mr Dully responded that “blood only” was not the position.

Judge Nicola Andrews said that she was not satisfied with the defendant’s evidence, given his demeanour in the (witness) box.

Bail to appeal was set at his own €100 bond.