*The sitting took place at Kilrush District Court on Tuesday.
A JUDGE has rejected a defence that a 28-year old West Clare man was undergoing a sleep disorder episode when he was drink-driving and his car veered off the road into a ditch.
At Kilrush District Court on Tuesday, Judge Alec Gabbett has found Jack Sheehan of Sheehan’s Corner, Shragh, Kilrush, Co Clare guilty of drink driving and careless driving on the night of December 2nd 2023.
Imposing penalty, Judge Gabbett has banned Mr Sheehan from driving for two years for the drink driving offence and postponed his driving ban until October following a request from Mr Sheehan’s solicitor Patrick Moylan.
Judge Gabbett said that the defence put forward on behalf of Mr Sheehan was “a very important point raised in defence”.
Insp Ronan McMahon previously told the court that Mr Sheehan was twice over the legal alcohol limit for driving when he crashed his car near the village of Doonbeg at around 2.30am on December 3rd 2023.
At a contested hearing last September, sleep disorder expert, Dr John Garvey of St Vincent’s Private Hospital in Dublin said that in his opinion that Jack Sheehan on the night of December 2nd 2023 drove his car as a result of a NREM parasomnia.
NREM parasomnia is a non-rapid eye movement disordered sleep-related behaviour that occurs during the first few hours of sleep.
Dr Garvey said that when Garda Gearoid Mangan found Mr Sheehan at the roadside, “he was not clearly awoken from sleep”.
Dr Garvey said that Mr Sheehan had no motive to leave his house and get into his car in the early hours of December 3rd.
In his judgement, Judge Gabbett said that the main issue at hand is that Mr Sheehan was suffering from a form of automatism and that for intent and purpose that Mr Sheehan was asleep whilst driving the car and therefore did not have the requisite ‘mens rea’ and therefore it was not possible for him to commit a crime.
Judge Gabbett said, “The defence are effectively saying that the accused was acting involuntarily and without any internal control of his behaviour. From the medical evidence before the court, he accused only has a recent diagnosis of non REM parasomnia and notwithstanding the clear expertise of Dr Garvey the court is not satisfied that there is a significantly long relationship between the treating doctor and the accused to state with absolute certainty that any of the behaviour was involuntary due to his diagnosis.
“Furthermore, the State quite rightly points out that Dr Garvey was not present on the night and could not with absolute certainty confirm the medical event on the night,” he added.
Judge Gabbett pointed out that the State contended that a defendant cannot rely on automatism where it is produced as a result of voluntary ingestion of substances such as alcohol.
Judge Gabbett said that due to the fact that Dr Garvey cannot confirm absolutely due to the fact that there was no brain tracing on the night that there was a parasominal event the court finds that there is not sufficient reasonable doubt raised by the defence to allow an acquittal of the charges.
In evidence, Garda Gearoid Morgan told the court that he saw Mr Sheehan’s white Skoda Rapid car veer off the road into a ditch outside Doonbeg at around 2.30am
Garda Morgan said that Mr Sheehan got out of the car and said that he was fine but his eyes were glassy and speech was slurred that in his opinion rendered him incapable of driving a vehicle.
Garda Morgan arrested Mr Sheehan on suspicion of drink driving and Mr Sheehan said in response, “I am sorry. I was drinking at a friend’s”.
Mr Sheehan was subsequently tested and was found to be over the limit at 68 grams per 100 ml of alcohol.
Asked by solicitor for Mr Sheehan, Mr Moylan how his client appeared, Garda Morgan said, “He seemed intoxicated.”
In evidence, Mr Sheehan said that he was at home on the night and had four bottles of beer and two rums before going to bed at around 1am.
Mr Sheehan said that he couldn’t recall saying he was at a friend’s house and said that he wasn’t at a friend’s house on the night.
