Motorist who claimed Leitrim Gardaí 'targeted' him loses licence for Four Years

Adrian Forbes (48) of 8 Shannon Court, Carrick-on-Shannon, Leitrim, appeared before Carrick-on-Shannon District Court facing a number of road traffic offences arising from an incident in May 2024. The court heard that Garda David Finnegan stopped Forbes while he was driving a blue Peugeot 308 in Carrick-on-Shannon on May 30, 2024.

Giving evidence, Garda Finnegan said he carried out checks on the vehicle and discovered there was no valid insurance in place and that the vehicle tax had expired. The Garda told the court that Forbes admitted at the roadside that his insurance had expired approximately one month earlier. A roadside oral fluid test was subsequently conducted and Garda Finnegan said the result was positive for cocaine.

The court heard that Forbes was informed of the result and arrested before being taken to Carrick-on-Shannon Garda Station. Garda Finnegan said a designated nurse attended the station to obtain a blood sample but Forbes refused to provide one. The Garda told the court that Forbes repeatedly stated he would not provide a sample until a solicitor was present.

During the hearing, Forbes accepted that he had knowingly driven without insurance. "I fully admit guilt on driving, knowingly driving without insurance," he told the court.

However, he strongly disputed the allegation that he had tested positive for drugs. Giving evidence, Forbes claimed the roadside drug test was negative and alleged Garda Finnegan falsely interpreted the result. "He showed me a negative test and then said it was positive," Forbes said.

He told the court that he repeatedly asked Gardaí to examine the testing device and maintained there was no indication of cocaine on the result shown to him. The hearing focused largely on the circumstances surrounding Forbes' refusal to provide a blood sample while in custody.

Forbes said he was not refusing outright but wanted legal advice before agreeing to provide a specimen. "I never refused," he told the court. "I've had a long history with the guards here, they've brought six criminal charges against me, which all failed, I've had guards thrown out for lying." "I've been caught 110 times, I think, in the last 10 years, which is probably more than anyone else in this country," he said.

"I had no problem whatsoever with doing the actual blood test." He said he wanted a solicitor physically present because he did not trust the process and feared the sample could be compromised. The court heard evidence from Garda members involved in Forbes' detention, including Garda Sinead McHale and Garda Mary Burke, who outlined repeated attempts to contact solicitors on his behalf.

One solicitor spoke to Forbes by telephone, while Gardaí continued trying to contact others after he sought further legal representation. Forbes told the court that after eventually speaking to a solicitor, he was advised that he should provide a blood sample. He said he was then willing to do so but believed Gardaí informed him it was too late because the charge process had already commenced.

Defence solicitor Ciaran White argued that his client had been seeking legal advice before deciding whether to provide the specimen and maintained that Forbes had not intended to refuse the test permanently. In delivering judgment, Judge Ciaran Liddy said the legal issue before the court was relatively straightforward.

The judge noted that a lawful demand had been made for a specimen and that Forbes accepted such a demand had been made. Forbes also told the court he believed he had been falsely arrested on numerous occasions and claimed he had been before the courts repeatedly over the past decade. As he began to elaborate on those allegations, Judge Ciaran Liddy remarked to defence solicitor Ciaran White: "Mr White, please contain your client."

Judge Liddy said much had been made of the issue of legal representation during the hearing, but noted that Gardaí had made extensive efforts to facilitate access to solicitors. Referring to the evidence, Judge Liddy said there had been a "deliberate and conscious attempt to contact many different solicitors and conversations take place."

The judge found that despite those efforts, Forbes did not provide the sample when lawfully required. "The refusal then crystallized," Judge Liddy said. He found the prosecution had proven the case and entered a conviction. The court heard Forbes had no previous convictions.

Mr White told the court his client worked in the financial sector and was a respectable individual who had made charitable contributions. However, Judge Liddy noted that the law provides for a mandatory disqualification where a person fails to provide a specimen following a lawful demand.

For failing to provide a blood sample, Forbes was fined €750 and disqualified from driving for four years. The judge also fixed an appeal bond of €200 with a cash lodgement of €200. On the separate no-insurance offence, Forbes was fined €300 and given six months to pay. The remaining road traffic matters were taken into consideration.