A court in Co Kerry has been told that philanthropist Jim Breen was veering across the white line on the main Cork to Killarney road on his way home from a funeral in west Cork last year and was arrested on suspicion of drink-driving.
The charity worker, businessman and a star of RTÉ's Secret Millionaire show was convicted of driving with excess alcohol in his system on 19 September 2017 at Clasheen, Killarney.
Mr Breen, 47, of Sandy Lane, Ardfert, denied the charge and pleaded not guilty at the hearing in Killarney District Court.
He told the court the garda who arrested him and conveyed him to the station to conduct a breath-alcohol test had been courteous and polite but had been "distracted" because he was also trying to instruct a female colleague who was being trained in conducting the breath test.
Breen also claimed he was not given the Section 13 certificate - the printout from the breath-testing machine, which he signed at the counter in Killarney Garda Station after the test was completed.
Garda Tom Moynihan told the court that on the night of 19 September 2017 he was on his way back to Killarney on the N22 from Cork Prison.
He was near the townland of Minish when he observed a Volkswagen estate veering over towards the white line and back into the correct side of the road.
He said he as he spoke to Breen he noticed the smell of alcohol and asked him if he had been drinking.
He said Breen told him that he had had one pint on his way back from a funeral in Bantry and he was very tired.
Garda Moynihan said Breen was taken to Killarney Garda Station where a breath-test was carried out, which showed a reading of 57mg of alcohol.
Cross-examined by solicitor Padraig O'Connell, Garda Moynihan said he could not recall if a trainee female garda was in the room at the time. However, it could well be the case a garda on probation was present.
"I remember conversing with Mr Breen and found him to be a very affable man. I don't think I was distracted," Garda Moynihan said.
Mr O'Connell also put it to the garda there had been "an immediate explosion of publicity" after Breen's arrest.
But Garda Moynihan said he knew nothing about this and had only read the reporting of the court case when Breen first appeared in court in Killarney on the charge in October.
Called by his solicitor Mr O'Connell to give evidence, Breen said it was a very respectful engagement right from the start.
However, in conducting the breath test in the station, he said Garda Moynihan was trying to fulfil competing roles of answering a trainee garda's questions in detail while also trying to carry out the test.
Cross-examined by Inspector Paul Kennedy, Breen said he was not a behavioural psychologist but felt there was "polite frustration" on the part of the courteous garda in trying to carry out the test while also helping a colleague and the garda was "distracted" by her questions.
Breen also claimed he did not receive the Section 13 printout and had simply signed two printouts and left them on the counter.
"I didn't know there was anything amiss with that until I met with my solicitor the next day," he said.
Judge David Waters said in the evidence no doubts had been cast on any of the aspects of the procedure up until a dispute about the furnishing of the certificate at the end.
"I have very clear evidence from Garda Moynihan what he does recall and what he doesn't recall," Judge Waters said.
On that basis he was convicting Breen. The judge disqualified him from driving for two years and fined him €300. A bond of €200 was fixed in the event of the appeal.
Mr O'Connell described his client as a man of philanthropic motivation and of the highest quality and character.
After the court Mr O'Connell confirmed his client is to appeal the conviction.
Breen set up Cycle Against Suicide which has raised money for various groups including the Samaritans, the ISPCC and TeenLine Ireland. He also founded and is executive chairman of tech company PulseLearning.
