Sixties folk singer Donovan Leitch has been convicted of a charge of dangerous driving in Skibbereen, Co Cork with the offence taking place on 11 February after he attended a prerecording of the Tommy Tiernan Show.
However, Leitch, aged 77, with an address at Castlemagner, Kanturk in Co Cork had a charge of failing to provide an intoxilyser sample to gardaí on the same occasion dismissed by Judge James McNulty at Skibbereen District Court.
Judge McNulty said that the accepted the validity of evidence of respiratory consultant Professor Oisin O'Connell.
Professor O’Connell, who carried out a series of tests on the Scottish national, said that Leitch has severe COPD and restrictive lung disease.
This, he said, left the defendant unable to puff the required amount of breath in to the intoxilyser machine in Bantry Garda Station on the night of his arrest.
Judge McNulty reserved his decision on a charge that Leitch was drunk in charge of a vehicle at Aghills in Skibbereen on 11 February.
He will deliver his judgement on same in February of next year at Skibbereen District Court.
He will also impose sentence on the dangerous driving charge on that occasion.
The case opened with prosecution evidence from Veronica Whooley, who was a passenger in a car which was being driven from Skibbereen to Leap in Co Cork on that evening.
Ms Whooley observed that the driver in front of her was driving in a manner which made her apprehensive. She contacted gardaí after she saw the car going back and forth over the white line from the left-hand side to the right-hand side of the road.
The court then heard evidence from Garda Daniel Quinlan who said he was on duty at the time.
He received a call from Ms Whooley at around 8pm. Ms Whooley expressed concern about what she had seen.
The garda, accompanied by another member of the force, made their way to the area where the car was parked.
Garda Quinlan said that Leitch was in the driver’s seat. He readily identified himself to the garda.
Garda Quinlan said that Leitch had up-to-date tax and insurance discs and was in possession of a valid Irish driver's licence.
"Mr Leitch thanked me and the (other) garda (at the scene) for looking after him," the garda added.
Garda Quinlan arrested Leitch on suspicion of drunk driving. Garda Quinlan and the other garda helped Leitch to the patrol car as he was unsteady on his feet.
He told the garda that he had been on the Tommy Tiernan Show that night. The singer-songwriter was brought to Bantry Garda Station.
However, the court heard that although Leitch made an effort to give breath samples to the intoxilyser machine there was insufficient volume to give a reading.
At 10.20pm he was returned to the custody area. The SouthDoc service was contacted so that other tests could be carried out to determine if Leitch was over the limit.
However, gardaí were informed that a doctor would not be able to make it to the scene for at least 90 minutes. This would have been outside of the legally acceptable time frame for such samples to be taken.
Garda Quinlan charged Leitch with being drunk in charge of a vehicle and also with failure or refusal to give a breath sample.
The third change of dangerous driving was added at a later court hearing.
Judge McNulty was told that Leitch asked for help to get to the West Cork Hotel in Skibereen where he had a room booked. Gardaí brought him to the hotel.
The court heard evidence from Garda Lisa Kingston who said that Leitch was not co-operative when she spoke to him in Bantry Garda Station.
She said that he was "ranting and raving about anything and everything".
Defence barrister Michael McGrath, SC, put it to Garda Kingston that her evidence was that his client had said that he did not want to answer anything without "my guy" present.
Mr McGrath said that that "my guy" referred to by his client was obviously a solicitor.
Garda Kingston said that Leitch only answered two questions put to him and that Leitch declined to answer when she asked if he if wanted a solicitor or a person known to him to attend at the station.
Judge McNulty also rejected the proposition that "my guy" was almost definitely a reference to a solicitor saying it could have meant a number of different things.
The defence called evidence from respiratory specialist Professor Oisin O’Connell.
In addition to discussing the COPD and restricted lung disease suffered by Leitch, he told the court of other diagnosed conditions of the accused.
The conditions suffered by Leitch include "scoliosis, a deviated spine and a pelvic tilt".
Leitch also has "leg length discrepancies" and wears special shoes to assist him in walking.
Professor O’Connell said that such illnesses would make Leitch unsteady on his feet as alluded to in garda evidence.
Judge McNulty said that Garda Colm Spring had been very fair to Leitch in saying that he perceived that the pensioner was unable rather than unwilling to give a breath sample.
Judge McNulty said that he accepted that Leitch had a "legitimate reason" for being unable to provide the breath sample and dismissed this charge against him.
He praised Mrs Whooley for her "moral courage" in doing her "civic duty" in reporting the type of driving she witnessed.
He said that her evidence was "strong and crystal clear". Judge McNulty found Leitch guilty of dangerous driving.
Judge McNulty deferred his judgement on the drink driving charge until the 13 February, 2024 at Skibbereen District Court.
Leith whose hits include Hurdy Gurdy Man, Mellow Yellow and Sunshine Superman, has lived in Ireland for many years. He first became famous in the mid sixties.
