The High Court has dismissed a challenge by William Fitzgerald to a drink-driving conviction imposed at Fermoy District Court in February 2019.
Fitzgerald, who represented himself at the District Court hearing and again in the judicial review proceedings, had been fined €500 and disqualified from driving for 12 months. He also appealed the conviction to the Circuit Court.
His High Court case sought to challenge the District Judge’s handling of disclosure and the lawfulness of his arrest. He argued that he should have received further material including GPS information and TETRA radio data from the Garda patrol car. He also sought CCTV from the Garda station and raised an issue about examining the intoxilyser machine.
Mr Justice Meenan reviewed the transcript of the District Court proceedings. Fitzgerald had been given an opportunity to view the Garda station CCTV before the hearing resumed. The judge found that the GPS and TETRA material was not relevant to proving the drink-driving charge beyond a general challenge to Garda credibility, and that Fitzgerald had not shown any material prejudice from not receiving it.
The court also rejected his argument that his arrest was unlawful because he had not been given the precise wording of the legislation. Garda evidence showed that the reason for arrest had been explained to him in ordinary terms. The High Court held that this was sufficient.
Fitzgerald further alleged that the District Judge may have been receiving real-time prompting from an unidentified third party because she read from a computer screen. Mr Justice Meenan described that suggestion as bordering on the bizarre and found the trial had been conducted appropriately.
The court also refused Fitzgerald’s request for a preliminary ruling from the Court of Justice of the European Union.
The judicial review application was dismissed. Costs were left for written submissions within 14 days.