A DRUNK driver who attempted to smear his own faeces on a garda has appealed his prison sentence in the Circuit Court.
BY DAVID FORSYTHE
James Healy, 62, of Ring, Clonakilty, 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 erratically in the village of Timoleague.
The car turned into a nearby yard and Mr Healy got out of the car and was unsteady on his feet.
The court heard that when approached by Garda Tippins, Mr Healy went to the passenger door of the car and took out a bottle of whiskey and attempted to drink it, but was prevented from doing so by the garda.
Mr Healy then proceeded to drop his trousers and defecated, wiping his behind with some grass and attempting 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.
Mr Healy was almost six times over the legal drink driving limit when arrested.
Defence barrister Ben Shorten acting for solicitor Myra Dineen said that Mr Healy had ‘serious issues with alcohol’ but was now getting help.
Mr Shorten said a probation report indicated 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 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 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’.
The judge adjourned the case to June 26th 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.
