Cork drunk driver who tried to smear faeces on garda appeals prison sentence
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A drunk driver who attempted to smear his own faeces on a garda has appealed his prison sentence in the Circuit Court.
James Healy, 62, of Ring, Clonakilty, Co. Cork had pleaded guilty in the District Court to drink driving, dangerous driving and obstruction in relation to an incident in July 2023 and was sentenced to four months in prison on each count as well as being disqualified from driving for four years.
State Solicitor Jeremiah Healy told Cork Circuit Court in Bandon that Mr Healy was observed by Garda Joe Tippins driving his Opal Corsa erratically in Timoleague. The car was observed crossing a solid white line and swerving from side to side. The garda turned on the patrol car’s blue lights and the Corsa turned abruptly into a nearby yard through an open gate. Mr Healy got out of the car and was very unsteady on his feet.
The court heard that when he was approached by Garda Tippins Mr Healy went to the passenger door of the car and took out a bottle of Jameson whiskey and attempted to drink from it but was prevented form doing so by the garda.
Mr Healy then proceeded to drop his trousers and defecate on the ground in front of the garda before wiping his behind with some grass and trying to throw it at Gda Tippins. Mr Healy defecated again and attempted to smear the garda with excrement.
Mr Healy had to be restrained at the scene and was removed when assistance arrived. He later had to be showered and provided with clean clothes. Jeremiah Healy said that Mr Healy’s behaviour on the day was “beyond words” and that he was almost six times over the legal drink driving limit when he was arrested.
Defence barrister Ben Shorten acting for solicitor Myra Dineen said that Mr Healy had “serious issues with alcohol” but was now attending weekly Alcoholics Anonymous meetings. He said that a probation report furnished to the court indicated he was at medium risk of reoffending.
Mr Shorten said that the report indicates that his client would still drink the occasional whiskey but this was no longer the case as Mr Healy was on medication for seizures which meant that he could not drink at all. He said the incident was “an aberration” and asked Judge Helen Boyle to consider reviewing the custodial part of the sentence.
Judge Boyle noted that the probation report indicated that Mr Healy “has not expressed the wish to stop” regarding his drinking. She said that it showed a certain attitude and she would need evidence that Mr Healy had stopped drinking before she could consider suspending the custodial part of his sentence.
She added: “It’s not a crime to be an alcoholic but it is a crime to get behind the wheel of a car when drunk.” The judge said that Mr Healy who had two previous drink driving convictions showed “a complete disregard for other people” and showed “contempt in extremis” when he was arrested for this incident.
The judge adjourned the case until June 26, 2025 to allow for the completion of an updated probation report. She said she would need to see evidence that Mr Healy had stopped drinking by way of urinalysis or whatever method suited the Probation Service. She added that Mr Healy would also need to make a €250 donation to the Garda Benevolent Fund.