Louth motorist drove on three wheels near holy shrine as gardaí gave chase

By Francis Carroll, The Drogheda Independent

A motorist drove through a hedge in a private garden as he attempted to get away from Gardaí, the district court has heard.

Alan Berrill (54) then lost a front wheel on his car when he hit a kerb near a holy shrine in North Louth before being apprehended by officers.

The defendant, of Oakland Park, Cox’s Demesne, Dundalk, contested charges stemming from the incident more than 15 years ago.

A bench warrant which issued when he failed to appear in court in 2011 was executed six months ago.

The prosecuting Garda said that he made a number of attempts to execute the warrant before that. He had been told by Mr Berrill’s mother that her son was in England.

Det Gda Pádraig Kelly advised the court that he no longer had his notebook from the time in question. Garda notebooks are held for 7 years, he explained.

The detective was permitted to refer to his statement.

He said that at 10.50pm on July 7, 2010, in Jocelyn Street, Dundalk, he was in a marked patrol car facing towards the town centre when he spotted a car pass two other vehicles in the opposite direction.

Det Gda Kelly continued that he followed this vehicle which failed to stop at a red light at the Marshes. It drove out of Dundalk, on the wrong side of the road at times, failing to stop on the Inner Relief Road.

At the Ballymascanlon roundabout this car turned for Faughart and at Whitemill went up the lane of a house.

Suspecting that this was not where the defendant lived, Det Gda Kelly said that he tried to block him in.

Mr Berrill drove down the garden, through a hedge and back onto the road.

Near Faughart Shrine he hit a kerb which took a front wheel off. The car travelled on three wheels towards Kilcurry.

When the car stopped because it could go no further, the defendant got out and ran before being caught.

He started “swinging punches” and a colleague of the detective used his baton.

There was a smell of alcohol from him and his speech was slurred.

At Dundalk Garda Station, following his arrest, a demand was made of Mr Berrill for a sample of his blood or urine.

He initially indicated urine, then said that he wouldn’t provide a sample.

He was charged at 3.15am and made no reply after caution.

Cross-examined by barrister Niall Mackin, Det Gda Kelly said that he spoke to the accused’s mother who told him that her son had gone to England.

The witness said he made four attempts to execute the bench warrant. Other Gardaí also tried. He had checked the Garda Pulse system and believed there were seven attempts in total.

Mr Mackin made an application in respect of the delay in bringing the case to court.

It was accepted that a bench warrant had issued, but Gardaí had failed to bring a prosecution in a timely manner.

Counsel added that there were discrepancies in the times, and the evidence was tenuous at best. There was no evidence that his client had been out of the jurisdiction.

Garda Inspector Martina Gallagher said that it would be prejudicial if she gave that evidence.

She added that Det Gda Kelly did not have his notebook.

There was clear evidence of dangerous driving, while attempts were made by Gardaí to execute the warrant.

Judge Nicola Andrews convicted Alan Berrill of one count of dangerous driving and of refusing to provide a sample.

The court heard that he was in receipt of disability benefit.

For dangerous driving a €1,000 fine and two-year disqualification were imposed, along with a further fine of €1,000 and four-year disqualification on the refusal charge.

Other charges were taken into consideration or struck out.

Legal aid was granted and the court certified for counsel.

Bail in the event of an appeal was set at a €1,000 personal bond with €500 cash lodged.