A High Court judge yesterday said "serious allegations" of perjury were being made against a Garda inspector in an application by a building contractor who is contesting a drink-driving conviction.
Mr Anthony Collins, for Michael Gordon of Castletown, Easkey, Co Sligo, told Mr Justice Butler it was being alleged that during a District Court hearing on September 18th the DPP had acted in an unfair manner which led to Mr Gordon's conviction based on perjured evidence.
In particular, it was being alleged the Garda inspector acting on behalf of the DPP "knew well that the evidence was perjured", counsel said.
Mr Gordon, in an affidavit, said he was stopped by Garda Pauline Murray of Swinford Garda station on the outskirts of Easkey on May 27th last and taken to Ballina Garda station's medical room where he elected to give a urine sample .
He was brought down a corridor accompanied by Garda Padraig Prendergast. The sample was brought back by Garda Prendergast to the medical room.
He said that during the District Court hearing Garda Murray had said Garda Prendergast and the doctor stood in the door of the toilet inside the medical room and had observed him give a sample.
Mr Gordon said he was "thunderstruck" at Garda Murray's evidence as there was no toilet in the medical room. It would not be practical to give a urine sample in that room. He believed Garda Murray either deliberately or inadvertently misled the court.
Mr Peter Flynn, solicitor for Mr Gordon, said in an affidavit that Insp Kevin Moynihan prosecuted the case. He said he was astonished when Garda Murray had stated there was a toilet in the medical room. On visits to the station he had passed that room and had not noticed a toilet. Insp Moynihan had shown no reaction to Garda Murray's evidence.
The judge granted Mr Gordon leave to seek orders, by way of judicial review, quashing the conviction.