A man claimed a Garda who was serving a summons had trespassed on his house after entering an unlocked door.
Maurice Butler of St Anthony’s Westport Road, Clifden, is charged with drunk driving, dangerous driving and damaging a car belonging to Martin Waldron on September 24, 2023. He is also accused of driving over the legal alcohol limit on February 3 last year on Market Street.
His solicitor Michael Molloy told Clifden District Court that his client alleged he never got the summons to appear in court.
Judge Patricia Cronin noted that the summons stated it had been hand-delivered to the defendant on May 3, 2024 and that a bench warrant had been issued for Butler to appear in court when he had not turned up.
Mr Molloy said he wanted to cross-examine Garda Stephen Monaghan who claimed to have served the summons.
Garda Monaghan said he had knocked on the defendant’s front door and could hear faint murmur of voices. When nobody answered he went to the sliding door at the side of the house and spotted that it was open.
He called out but nobody answered. He saw papers and a pair of glasses on the table and could hear the radio was on.
“I was concerned about Mr Butler’s well-being; he’s an elderly male. When he didn’t reply I was satisfied that he wasn’t there. I left the summons on the table inside the sliding door and exited the house.”
Mr Molloy said his client had gone to Clifden Garda Station enquiring why the Garda had entered his home without permission.
Sergeant Damien Prendergast said the fact that Butler had called to the station in relation to the summons proved that he was aware it had been served.
Mr Molloy said he was only aware that a summons had been served when a bench warrant had issued for his arrest.
“Our contention is that the Garda was a trespasser. He had no warrant. The summons should have been left outside. It’s tainted with illegality. I’m asking for the summons to be struck out. You can see from his medical conditions he has a lot of complaints.”
Judge Patricia Cronin said she was satisfied that the summons had been properly served. She adjourned both cases until April 24.
Pictured: Hearing…Clifden Courthouse.
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