FILE PHOTO/PIXABAY
A CONVICTION for a man who refused to provide a blood sample to gardaí has been upheld in Limerick Circuit Court.
Martin Enright of Coolun Lodge, Croagh, was stopped at a garda check point in Ballingarry on New Year's Day in 2021.
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Garda Errol Flynn told the court that the man's car had a smell of cannabis and a roadside test using a swab to collect saliva, tested positive for cannabis.
He also carried out a search of the vehicle doors and pockets and no drugs were found.
Mr Enright was arrested on suspicion of drug driving and cautioned.
At the garda station, Mr Enright refused to give a blood sample to a doctor three times. This would be used to determine the level of drugs in a person's system.
Garda Flynn told the court that Mr Enright said he was refusing on “medical grounds”, but he did not elaborate on what those were, even though he was given many opportunities.
A medical report dated September 9, 2024, was handed into Judge Colin Daly, which stated that Mr Enright had a long-standing phobia of needles.
Solicitor for the State prosecution, Brendan Gill, pointed out that this reason was not cited at the time and that Mr Enright refused to give a blood sample three times.
Giving his own evidence, Mr Enright told his barrister Nicholas Hall BL that he didn't have any tattoos, had not received any vaccines and that needles caused him to have panic attacks and experience a “loss of breath.”
In response to questions from Mr Gill, he that he had never seen a psychologist or received any medication for this phobia of needles.
Judge Colin Daly said that medical evidence would be required for the court.
Judge Daly upheld the district court conviction and Mr Enright was fined €600 with six months to pay and disqualified from driving for four years.
Despite a request from his barrister Nicholas Hall BL to delay the driving disqualification, Judge Daly said that the man had enough time to get his affairs in order since the offence in 2021.
The disqualification was activated that day.
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