By David Clarke
A man who was arrested after he failed a breathalyser test insisted Gardaí told him he had passed it, a court heard today.
Keith Hanaphy, with an address in Rathfarnham, was arrested on November 21 last, after arousing Gardaí suspicions at at filling station. The accused drove off after he spotted the squad car, and was tailed by Gardaí.
The defendant was asked to give a breath sample after Gardaí observed bloodshot eyes, and noticed a smell of alcohol from the vehicle.
Garda Derek Ryan told the court that the breathalyser indicated that Mr. Hanaphy had failed the test, and was arrested on suspicion of drink driving.
Hanaphy refuted the claim, and insisted that he was initially told he had passed the test. He said he was handcuffed and escorted to the station where he was told he would be breathalysed again.
The defence argued that the use of handcuffs was excessive force giving the compliant nature of Hanaphy. Garda Ryan couldn’t recall whether he used handcuffs or not, and the court accepted it was uncontested evidence.
Upon arrival at the station, the 30-year-old was informed that he would have to give an obligatory blood sample, but had the option of giving a urine sample to which he choose.
Garda Ryan claimed Hanaphy asked to use the bathroom soon after they arrived at Rathfarnham Garda Station, to which Hanaphy denies. When asked to give the urine sample a short time later, Hanaphy said he was unable to urinate because there was 3 people watching.
He was told he would have to give a blood sample, to which Garda Ryan said the defendant refused to do so. Hanaphy again refuted the claim – and said he thrown into a cell, and stripped to just his underpants and socks.
The court will adjourn to a later date.