JUST one of three charges against legendary folk singer Donovan Leitch resulted in a conviction before Judge James McNulty at Skibbereen District Court.
The three charges had been in the court’s list system for some time and much of the evidence was given at the October court sitting.
The case was adjourned until this week and Judge James McNulty recalled that respiratory consultant Professor Oisin O’Connell gave evidence that Donovan Leitch (77) – who lives at The Old Rectory in Castlemagner in Kanturk – not only had chronic obstructive pulmonary disease, he also had sclerosis of the spine.
The professor told the court that the singer also had a restricted thoracic cage, all of which put his breath capacity far below someone else at his age and stage in life.
It was on his evidence Judge McNulty dismissed the first charge – a charge of failing to provide a breath specimen at Bantry Garda Station. The judge noted the consultant’s assessment was supported by acknowledgement that the accused did attempt to give a breath specimen, but didn’t have the required amount of breath to operate the machine.
The accused also agreed to have a blood or urine sample taken, but there was no one from SouthDoc available to take the sample within the statutory time limit.
The two remaining charges were adjourned to Tuesday’s court so Judge McNulty could consider the legal arguments.
Amongst the submissions in respect of the second charge – that alleged Donovan was drunk and in charge of a vehicle at Aghills on February 11th 2023 – the legal team argued the witness who reported the driving to the gardaí had not identified Donovan Leitch as the driver of the vehicle.
At no stage had the singer made an admission of driving. Judge McNulty said it would be ‘unsafe to convict’ on that charge and dismissed it.
However, on the third and final charge, Judge McNulty convicted the accused of dangerous driving at Smorane and imposed a €500 fine, as well as a mandatory endorsement and two-year disqualification from driving.
Judge McNulty noted Donovan’s first instinct when gardaí approached him at Smorane that night was to ask if he had damaged any property or person.
‘In 1968, while lying mortally wounded, Robert Kennedy’s only enquiry was to ask: “Is everybody okay?”,’ he noted. He added that Donovan wasn’t in the US on that fateful day, he was in India, with The Beatles.
