A 37-year-old man who was observed by gardai riding his e-scooter against traffic in Dublin City Centre while smoking a suspected joint has failed in a bid to overturn his conviction for obstruction, but has had his jail term suspended on appeal.
Sean Friel (37), with an address in Clonsilla, Dublin 15 was convicted in the District Court of unlawfully impeding or obstructing a garda member contrary to section 21(4) and 27 of the Misuse of Drugs Act, 1977.
He was convicted and sentenced to four months imprisonment. He later lodged an appeal against his conviction.
Garda David Earley told the District Court Appeals Court today that on February 1, 2025 he was on patrol on Chancery Street in Dublin 7 when he encountered Friel riding an electric scooter on the wrong side of the road.
He said that Friel was riding the scooter against traffic on a Luas track. Garda Earley said that he stepped in front of Friel to stop him and saw what he believed to be a cannabis joint in the appellant’s mouth. He also said that he detected a strong smell of cannabis.
He said that Friel threw the scooter to the ground and ran away, while he and a garda colleague pursued on foot.
Garda Earley said that he saw Friel throw away an object, which was not recovered, that he believed to be controlled drugs.
He said that Friel’s demeanor was evasive and that he was obstructing a drug search.
The garda said that he canvassed for CCTV after the incident but found none that covered the area.
Defence counsel for Friel said that it was the duty of the gardai to seek out and preserve all evidence regarding CCTV and that the absence of this was prejudicial to his client.
He also said that the gardai did not inform his client of the penalties for failing to comply with gardai.
Counsel for the prosecution said that it was a chaotic, short situation and that it was not realistic for gardai to list off exact legislation at that point of time. He said that the garda did canvas for CCTV and its absence was not due to lack of effort.
Judge Christopher Callan said that there was no ambiguity in the garda’s request to stop and that there was no doubt in the court’s mind that the gardai were acting in the course of their duties.
He said that the accused was clearly running away and they had no option but to pursue.
The judge said it was clear that there was reasonable cause to stop Friel due to the garda’s evidence of a strong smell of cannabis coming from the person.
Taking to the stand in his own defence, Friel told the court that the gardai came running at him and that he got a fright. He said that he did not have a joint in his mouth.
He said that he didn’t try to get away from them and that a foot pursuit never happened.
Defence counsel said that Friel was simply arrested on the spot and that the second garda who gave evidence could not corroborate the evidence of the first garda that there was a joint in Friel’s mouth and that he had dropped an object.
Judge Callan said he accepted the garda evidence that Friel saw gardai and took flight. He said that the court was satisfied with the evidence beyond reasonable doubt.
Proceeding to the plea, defence counsel said that his client has been free from tablets for several years and looks better than he did at the time of the offence. Garda Earley agreed that Friel now looks healthy.
Judge Callan said that Friel was entitled to test the evidence and it is clear that he is endeavouring to turn his life around in terms of drug issues.
He noted that Friel was presenting himself more healthily and decided to suspend the four-month sentence for a period of 18 months. He made the condition that Friel must not come to the adverse attention of gardai for that period.