Blood test showing 4 times legal limit in drink driving case ruled inadmissible-case dismissed

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  • Опубліковано 29 лис 2024

КОМЕНТАРІ • 136

  • @philmurphy5584
    @philmurphy5584 Місяць тому +50

    Get yourself up the ladder, the higher up the more bullet proof you become, if the guy was from darndale he'd be doing 6 months now.

  • @mikekelly5869
    @mikekelly5869 Місяць тому +44

    Looks like somebody had a word with somebody over a few pints in D&N's

    • @stephenw1799
      @stephenw1799 Місяць тому

      I don't believe for one second a Garda made that mistake

    • @gerryleddy5412
      @gerryleddy5412 Місяць тому

      Have no idea where D&N's is , but I was thinking maybe somebody had a word at a lodge meeting ?

    • @bernadettefitzpatrick6448
      @bernadettefitzpatrick6448 Місяць тому

      No one does corruption like us Irish the nod and wink, brown paper envelope mentality was and is widespread. I hate dishonesty and graft .

  • @AnnFHallahan
    @AnnFHallahan Місяць тому +33

    That "judge " sending the total wrong message to all. Scandalous behaviour. But who is going to tackle these judgements 😮😮

    • @tangofoxtrot4603
      @tangofoxtrot4603 Місяць тому +7

      Nothing to do with the Judge he did his job according to the law, its the Guard that did not do his job.

    • @jamesmcerlain3015
      @jamesmcerlain3015 Місяць тому

      ​@@tangofoxtrot4603The 'Friendly' Judge is from Tralee & is the wife of the former Kerry State solicitor, Edward O'Sullivan & close pal of current solicitor Pat Mann (of Kerry Babies fame).
      The guard did what he was told to do!
      He didn't join up yesterday!

    • @tangofoxtrot4603
      @tangofoxtrot4603 Місяць тому

      @@jamesmcerlain3015 If it was all set up !!! , then why resign as chief executive officer at Eirgrid the day before the set up ?

  • @Prometheus_43
    @Prometheus_43 Місяць тому +22

    Handy to have "friends" like Mr. Foley at times! The old saying "the law is an ass" is nicely demonstrated in this case!

  • @paddyblanche2505
    @paddyblanche2505 Місяць тому +15

    Unbelievable stuff

  • @aconsideredopinion7529
    @aconsideredopinion7529 Місяць тому +19

    The judge was brought and paid for …..

    • @jamesmcerlain3015
      @jamesmcerlain3015 Місяць тому

      The 'Friendly' Judge is from Tralee & is the wife of the former Kerry State solicitor, Edward O'Sullivan & close pal of current solicitor Pat Mann (of Kerry Babies fame).

  • @Eire4irish
    @Eire4irish Місяць тому +24

    Thanks for highlighting the corruption in this rotten state. People are so asleep to whats going on around them.

    • @jrr9846
      @jrr9846 Місяць тому +2

      I could tell you a better one.

    • @timoconnor7423
      @timoconnor7423 Місяць тому

      Why dont you without names

  • @shaymcloughlin5009
    @shaymcloughlin5009 Місяць тому +15

    Regardless of the law, the man should be ashamed of himself, getting into a car in that state. Of course we don't know why he actually crashed, but given that he was 4 times over the limit, is it not reasonable to assume that alcohol had something to do with it??

    • @davidbamford1971
      @davidbamford1971 Місяць тому

      If you see three roads when drunk, follow the middle one. 😊

    • @timsmusic7349
      @timsmusic7349 Місяць тому

      Shame 🤣🤣🤣🤣. These asholes have no shame and he’s probably bragging about getting away with it “AGAIN “ with his buddies. The innocent public is getting screwed big time. How does that judge sleep at night. The law needs to be updated to close these ridiculous loopholes.

  • @greattobeadub
    @greattobeadub Місяць тому +11

    That’s makes a complete farce of the legal system.

    • @jrr9846
      @jrr9846 Місяць тому

      Is it only know you realise that. Thanks for waking up.

    • @greattobeadub
      @greattobeadub Місяць тому

      @@jrr9846 this is a particularly egregious case, and I stand by my point.

    • @jamesmcerlain3015
      @jamesmcerlain3015 Місяць тому

      Yes, he failed a Breathalyzer test but the Tralee judge conveniently (like the Guard) forgot that!

  • @Dublintaxitours
    @Dublintaxitours Місяць тому

    Driver on the M11 North all over the place, phoned 112 about her and gave reg and direction as she was continuing on the M50..... I got to Cabinteely, 5 Garda cars and 4 motorbikes lined up and about 12 Gardaí doing breath tests (that might have caught 2 motorists? ) all for 'show/ optics' while the 'drunk' I reported had a free run on the M50... great little country..😡😡

  • @DaveGreeneramblingcarpenter
    @DaveGreeneramblingcarpenter Місяць тому +9

    Same Ireland ss always the old boys network, sounds like he got released from the police station immediately after giving the sample aswell,, very kind of the gards 😂

  • @Antody
    @Antody Місяць тому +19

    What a joke. He WAS witnessed dink driving and the blood sample confirmed it. Do you expect a drunk to fully remember what he was offered or not? They got the evidence, that's what matters. Complete and utter disgrace by the police and the judge in this case and a clear case of corruption.

    • @jamesmcerlain3015
      @jamesmcerlain3015 Місяць тому +1

      The 'Friendly' Judge is from Tralee & is the wife of the former Kerry State solicitor, Edward O'Sullivan & close pal of current solicitor Pat Mann (of Kerry Babies fame).

  • @seaniek9175
    @seaniek9175 Місяць тому +27

    Very poor work by Guards and Judge. They'd be much more focused with it comes to dealing with the Burke family or people protesting against the Government's open borders policy. Hopefully the people will give their answer in the upcoming election and FF, FG, SF and the rest are booted out so we can get our country back.

    • @mikekelly5869
      @mikekelly5869 Місяць тому +11

      Who will replace FF, FG, SF? Genuine question. Labour is a dead duck. We need a new party, but we haven't got one.

    • @leslierice5224
      @leslierice5224 Місяць тому +1

      Somebody nobbled the horse.

    • @wildcat22
      @wildcat22 Місяць тому

      There's no party to replace them, and I can't imagine 3 or 4 small parties plus a dozen independents forming a workable government. I'd put up with sf for a few years if it meant breaking the FF/fg monopoly on government.

    • @ajc5479
      @ajc5479 Місяць тому +2

      Ivan, It is Gardai, not Guards.
      The problem for you is that the people of Ireland don't want fascists in government.

    • @peterfitzpatrick7032
      @peterfitzpatrick7032 Місяць тому +3

      Amazing what you can get away with when you play the game they want you to play... namely, spend big on solicitors and barristers (from where all those judges originally came) and keep the system lubricated with cash...
      Justice is non-existent in Ireland and has been that way for a very long time.... 😒

  • @padfla867
    @padfla867 Місяць тому +12

    He's one of the elite scumbags sure why would be be charged! If that was an ordinary person they be in jail for it! Courts are kangaroo in this country.

  • @gerryleddy5412
    @gerryleddy5412 Місяць тому +1

    Everyone in the republic of Ireland who has been convicted on blood sample alone with no offer of urine should appeal to have their convictions overturned and seek compensation . Will you handle any such appeal ?

    • @terrygorry
      @terrygorry  Місяць тому

      I don’t do criminal law. Did I not say that in the video 🤔

  • @irishrob4035
    @irishrob4035 Місяць тому

    I'd been disqualified from driving for 2 years, I was going through a bad patch and in the aftermath of waiting for the matter to go to court I went and got my provisional and insured. It came up in court and I was disqualified for 2 years, a few months later I drove 100 mtrs to a garage to put air in tyres for my partner who was doing her full test, got caught and arrested , got a fresh 4 year suspension starting on February of this year. Could u tell me when I am eligible to apply for my license back

    • @terrygorry
      @terrygorry  Місяць тому +1

      No, I’ve no idea. I don’t do criminal law

  • @buddymingy1
    @buddymingy1 Місяць тому

    Jaysus, I'm going to get a newspaper tomorrow and start a blog on this thing

  • @Monaleenian
    @Monaleenian Місяць тому +2

    Why would it matter whether or not he was offered a urine test? It’s a Garda station, not a restaurant where you order a urine test or a blood test for yourself off a menu! It’s a law, not a rule. These judges who seem to think that legislation should be followed like the machine instructions in some kind of computer program don’t appear to understand that distinction.

  • @voyloa
    @voyloa Місяць тому +1

    A terrible outcome that will only suggest there is ‘Two Tier’ justice.

  • @BabyCowGoingmadinafield
    @BabyCowGoingmadinafield Місяць тому +13

    2 tier system.

  • @adenwellsmith6908
    @adenwellsmith6908 Місяць тому +2

    50 grams per 100 ml. 50% alcohol? He's a fire hazard.

    • @jamesmcerlain3015
      @jamesmcerlain3015 Місяць тому

      The current drink-driving limit is a BAC of 50mg. This means 50 milligrams of alcohol per 100 millilitres of blood. For professional, learner and novice drivers the limit is a BAC of 20mg. Most people will have a BAC of 20 to 50mg after 1 standard drink.

  • @anthonyomahony6257
    @anthonyomahony6257 Місяць тому +2

    I guess we'd better get used of this shit going forward, with miss Helen at the helm.

  • @tomgreene1843
    @tomgreene1843 Місяць тому

    Do you need both sample types to have an admissable exhibit in court....is that the law ?

  • @yeah7598
    @yeah7598 Місяць тому +6

    HEY TERRY WHAT ABOUT ALL THE PENALTY POINTS WIPED FOR POLITICIANS, SENIOR GARDAI AND CELEBRITIES ?

    • @tangofoxtrot4603
      @tangofoxtrot4603 Місяць тому

      More BS , points were wiped out for joe public, the politicians celebrities never got them in the first place.

  • @dorsetdawn2652
    @dorsetdawn2652 Місяць тому +1

    As terrible as this case is, its important Police understand they have to follow the rules of law. It may seem exaggerate but if we turn a blind eye to methods to get a conviction it would end up water boarding people to confirm their wrong doing. In the 70s and 80s there have been some terrible travesties of justice of people wrongly convicted and the Police using illegal methods to obtain confessions. In terms of drink driving, the two should never mix, if you drink do not drive, then you know you will ALWAYS be under the limit.

  • @tangofoxtrot4603
    @tangofoxtrot4603 Місяць тому

    My buddy was bagged brought to the station, befriended by a detective who brought him to the breath sample room, every time he went to blow he took a mild panick attack, comforted by the kind detective he eventually managed to blow a positive test, upon which the friendly detective opened the door and with his boot kicked him to the street,
    At court the detective was asked was my pal complient, he said he was very, he was then asked why it took so long to take the breath sample, solicitor refered to another case which was dismissed because it went over the allocated time for a test, case dismissed.

  • @James-le7du
    @James-le7du Місяць тому +1

    Sad Ireland has got to this free state for some

  • @biulaimh3097
    @biulaimh3097 Місяць тому +2

    So the breath sample alone wasn`t enough? Was the blood sample taken by force or did the man consent to give the blood sample? Does the law prohibit doctors from taking blood samples, from consenting adults? In the eyes of the law, the man was presumed sober, so he had the capacity to consent.

    • @tangofoxtrot4603
      @tangofoxtrot4603 Місяць тому

      After a breath sample, you have the choice of urine or blood sample, he was not offered a choice.

    • @biulaimh3097
      @biulaimh3097 Місяць тому

      @@tangofoxtrot4603 The defence was just covering all bases to see if there was a way out for their client. But, I wonder if the prosecution asked the man if he was offered the choice. Maybe, like the Guard, he can`t remember either. Then it would be a balance of probability issue that the Guard did his job or didn`t do his job. It is also possible that were the man to be asked if he was given a choice, he may remember not being given the choice or he may remember being given the choice. If he remembers being given the choice but decided to lie about it, then that would be between himself and the Almighty. Personally speaking, I`d rather a fine and a few penalty points than the eternal fires of hell.

    • @tangofoxtrot4603
      @tangofoxtrot4603 Місяць тому

      @@biulaimh3097 The Almighty might have audio video recorded the encounter as it is a Garda station, just saying.

  • @williamh5103
    @williamh5103 Місяць тому +6

    Amazing, shows that the law is an ass. You can never be certain of the outcome of a legal case. This unfortunately is a good example!

    • @jamesmcerlain3015
      @jamesmcerlain3015 Місяць тому

      ​@@DatsDoneAre you for real?
      The guard did what he was told to do!
      He didn't join up the day before!

  • @hilltop521
    @hilltop521 Місяць тому

    I know it's wrong yo drive with drink but it has closed 10 of 00000 of pubs in ireland after 4 years will b just a few pubs in opened in towns and big villages

  • @fionamurray8347
    @fionamurray8347 Місяць тому

    Out Courts, our country is so curropt, how can we expect any child to live a honest life with examples that elders show here, GSOC officer Ombudsman, 2 superintendents, 1 Detective arrested , 205 Gardaí suspended all for working side by side with the crime Lords here in Cork and Dublin for the last 35 years , 4 postmen arrested for stealing mail from banks and solicitors offices for 15 yrs here stealing identities for money launderers arrested here, do you know the punishment they hit nothing, one superintendent John Murphy of Dublin in prison 6 yrs playing Golf, nó walls in his prison, of course our children are watching this thinking Crimé pays and joining the gardai is for criminals. Ireland is disgusting.

  • @keithdavies1395
    @keithdavies1395 Місяць тому

    If he wasn't keeping a proper look out,isn't that driving without due care and attention, an offence?

  • @donalfoley2051
    @donalfoley2051 Місяць тому

    A proud graduate of the Aileen Cannon school of Law in support of a scoundrel who lied to the Garda and then pleaded (as instructed not doubt) - ‘Not Guilty.’

  • @thomasmcgowan-g5u
    @thomasmcgowan-g5u Місяць тому

    If that case was in trim.... With our old judge..... Be a lot different.... Money and power

  • @aidankelly840
    @aidankelly840 Місяць тому

    He resigned from his job
    To keep his driving licence
    That should apply for the whole of Ireland

  • @Seanomarachain
    @Seanomarachain Місяць тому

    What about the breath test? Is that not admissible?

  • @punkeasy
    @punkeasy Місяць тому +3

    Money talks!

  • @eddiestaunton514
    @eddiestaunton514 Місяць тому

    Who don't Solicitors do Criminal anymore? Corrupt Judge let her mate off

  • @pmartin7397
    @pmartin7397 Місяць тому +2

    Yeah ! Try defending yourself against a lying guard in court. Waste of time as judges will always agree with cops, corrupt or not. So, solicitors advise to plead guilty,get a suspended sentence. F the rotten system.

  • @tomcleary469
    @tomcleary469 Місяць тому

    Seems we have imported Two Tier Justice from Britain

  • @BernardODonnell-rz6nx
    @BernardODonnell-rz6nx Місяць тому

    If he knocked down someone would he still get off on a technicality

  • @mayoman9w
    @mayoman9w Місяць тому

    Yet another incompetent member of the force, quelle surprise.....

    • @jamesmcerlain3015
      @jamesmcerlain3015 Місяць тому

      Purposely incompetent! Probably told what to do, after Foley phoned someone in high places!

  • @noelfleming3567
    @noelfleming3567 Місяць тому

    Going on all over d country for yrs

  • @josephwoulfe2233
    @josephwoulfe2233 Місяць тому

    It’s like that one.
    ‘I got friends in high places’
    Or gardai took blood illegally
    So to save face they let it slide

  • @Don.Challenger
    @Don.Challenger Місяць тому

    Who represented and advised this stalwart of industry on those ins and outs, s/he must have puffed their billable hours substantially as a special addendum? Mr. Foley must have been a true captain of industry if he could weave his way through complex decisions, discussions and negotiate transactions while surely addicted to his rum as any reasonable person is led to believe. Did he lose his driving license for any time as an administrative matter at least?
    As a side line: could the garda himself been charged for intoxication as he had no memory of his words which could be indicative of his state at the time?
    Are the Garda now ordered to read all their cautions from standardized cards on audio camera where some slurring would little matter having evidence of comprehensibility.

    • @sukalanger
      @sukalanger Місяць тому +1

      I reckon someone hinted to that garda that a memory lapse might help his promotion prospects

  • @brianbickle7395
    @brianbickle7395 Місяць тому +1

    “ the law is a ass”- Charles Dickens, 200 years ago. Little has changed.

  • @gerrytrimble8430
    @gerrytrimble8430 Місяць тому +1

    Shame on that Judge. Most definitely friends in high places. How stupid does she think people are to not realise that the man was passed!

    • @jamesmcerlain3015
      @jamesmcerlain3015 Місяць тому

      The 'Friendly' Judge is from Tralee & is the wife of the former Kerry State solicitor, Edward O'Sullivan & close pal of current solicitor Pat Mann (of Kerry Babies fame).

  • @patrickconway3341
    @patrickconway3341 Місяць тому

    No laws apply to the rich and influential, the rest of us ordinary people have to pay our taxes and fines etc whilst the rich don't, this is some country

  • @White_Chapel
    @White_Chapel Місяць тому

    So, the driver was arrested after being involved on a collision, breath tested and was found to be over the limit for alcohol. This was verified by blood test.
    The judge then went out of her way to cast doubt on the reasons for the crash saying that alcohol may not have been the cause..
    Whatever about them being ignorant of the law and jumping to their own conclusions, Id be interested to see if "the ordinary Joe or Josephine" would be given the benefit of the doubt by this judge or any other district court judge.
    No doubt Mr. Foley had the benefit of a good solicitor to argue his case.

    • @Dyno25092
      @Dyno25092 28 днів тому

      This is a good example of the level of corruption in Ireland. They don't even try to hide it. Imagine being a person who has lost someone to drink driving and reading this. The address and job says it all.

  • @irishmusico
    @irishmusico Місяць тому

    The Garda got it wrong. Mark Foley should have pleaded guilty but his solicitor knew the Garda had messed up and got him off. The Judge didn't explain it very well in light of the inadmissible evidence.

    • @terrygorry
      @terrygorry  Місяць тому

      Why would he plead guilty if the Garda got it wrong? That would only let the Garda off the hook and result in an avoidable conviction.

    • @irishmusico
      @irishmusico 29 днів тому

      @@terrygorry Because it would be the honest thing to do.

  • @BillyBroaders
    @BillyBroaders Місяць тому +1

    Brown envelope I say

  • @aidankelly840
    @aidankelly840 Місяць тому

    Silver spoon
    Gard Massey.
    Should be jailed for fraud

  • @timteahan546
    @timteahan546 Місяць тому

    The reality is that those enforcing the should know the law otherwise we are all in danger

  • @Jeremy64444
    @Jeremy64444 Місяць тому

    I amazed at the Garda . You would think the request for blood or urine would be a like a repetive mantra. The same as reading your rights . Also the fact that the Garda could not remember. What kind of answer is that. I would have thought there would be a tape recording . Anyway you can't blame the judge, she was just doing her job based on the evidence in front of her. He would have walked on appeal, might have even got damages.

  • @jamesmcerlain3015
    @jamesmcerlain3015 Місяць тому

    🤓 Crashed into 2 parked cars, failed a Breathalyzer test, failed a blood test (more than 4 times over the limit) & a 'Friendly' Judge from Tralee (wife of the former (Kerry) State solicitor Edward O'Sullivan & close pal of Tralee Solicitor, Pat Mann of Kerry Babies fame) let's him off 🤓

  • @englebertschnook5106
    @englebertschnook5106 Місяць тому

    Mr. Foley must be too important to this country, one of the scared who must be protected from the laws to control the simpletons and tax payers.

  • @jrr9846
    @jrr9846 Місяць тому

    Terry I could tell you a better one if you were interested.

  • @brianbickle7395
    @brianbickle7395 Місяць тому +1

    Golf,anyone?

  • @anthonyomahony6257
    @anthonyomahony6257 Місяць тому

    Mr Foley stood down the day before because he was guilty as shit. It's good to have a buddy judge from Tralee in the court on the day. Rotten apples are still among the good fruit. 😱

  • @tomasomaher
    @tomasomaher Місяць тому

    Brown paper bag

  • @redroger7745
    @redroger7745 Місяць тому

    Don't know about the case. But being over the legal limit is one offence, regardless of whether you were incapable or not - it doesn't matter whether you were fit to drive or not.
    Being incapable to drive is a totally different and separate offence.
    Compelling you to provide a blood sample or urine sample against your will is a serious thing - it's Big Brother stuff.
    So, you'd better do it by the book.
    The procedures to be followed for taking a specimen to prove you were over the limit weren't followed by thr book.
    Any evidence gathered contrary to the book is inadmissible.
    If there was a separate charge of being incapable to drive, then the prosecution had to prove beyond a reasonable doubt incapability to drive due to an intoxicant
    The inadmissible over the limit evidence was unlawfully obtained and so cannot be relied on.
    Hence, probably, the dismissals.
    Even if you never took a drink in your life, if you refuse to give a sample of your blood or urine when demanded, you risk being disqualified from driving for at least 4 years. That's some coercion and some fascist power the State has given itself against citizens.
    If the State doesn't wield its enormous powe by its book, don't shed a tear for the State.

  • @dominicmahon8727
    @dominicmahon8727 Місяць тому

    He now uses d pseudonym Axel Foley!

  • @tino1130
    @tino1130 Місяць тому

    I get it why blood sample wasnt admissible. But then judge also states gardai presented no evidence of actual drink driving. So even if option of blood AND OR urine was offered correctly Judge implied a conviction would not be secured. WTF
    Gda approached driver, Driver outlined he was driving towards Ballsbridge & had picked up his mobile phone to talk to some one - lost concentration & crashed. Gda obtains smell of alcohol from driver - cautions him. Does a rd side test that driver fails. That according to judge is not evidence of drink driving 😂😂😂

  • @philodowd8080
    @philodowd8080 Місяць тому

    🙄

  • @aidankelly840
    @aidankelly840 Місяць тому

    D p p
    Has to appeal
    Lucky Gard stopped him
    Obviously hitting park cars
    Next it would have been a person

    • @terrygorry
      @terrygorry  Місяць тому +2

      Appeal what? The judge applying the law? Don’t be silly

    • @aidankelly840
      @aidankelly840 Місяць тому

      @@terrygorry
      Laws are made to be broken true

    • @jamesmcerlain3015
      @jamesmcerlain3015 Місяць тому

      ​@@terrygorryTerry, he failed a Breathalyzer test!
      Surely that has some standing in law? If not, why is it being used at all?

  • @jamesohara9152
    @jamesohara9152 Місяць тому +1

    Interesting case

  • @finbarrnangle6794
    @finbarrnangle6794 Місяць тому

    Money talks very suspicious wasn’t asked to give urine sample.Good Solicitor

    • @barry5138
      @barry5138 Місяць тому

      If I had the same solicitor and same argument, I'd be laughed at and have the book thrown at me.

  • @reliablesauce
    @reliablesauce Місяць тому

    What's that in pints? 😅😅😅

  • @johnosullivan8068
    @johnosullivan8068 Місяць тому

    codology,its all down to who not what you know when all is said and done

  • @MarkSpark2409
    @MarkSpark2409 Місяць тому +1

    Brown envelope brigade!!!!

  • @Don.Challenger
    @Don.Challenger Місяць тому

    Terry, this is a very fine 'just-so story' you have given us to digest along with our Saturday breakfast. Thanks, hope you didn't trip over a branch on your morning walk as darker and darker they become (are you seeing much of natures activity on those at all?).

  • @jamesgilhooly8922
    @jamesgilhooly8922 Місяць тому +1

    Lots of people get away with driving under the influence. He's just another one 😢. Unfortunately, this type of behaviour costs lives.

  • @Lane_Martin
    @Lane_Martin Місяць тому

    The Law really is an Ass

  • @ruarimcdade6625
    @ruarimcdade6625 Місяць тому

    i do love ur videos but i think u let urself down on the woman constitution vote, shows how out of touch you are, you say yes, nearly 80% say no

  • @patrickdempsey4034
    @patrickdempsey4034 Місяць тому

    Dublin 4 😂