Driving ban for Carlow man who went to woman’s home and made faces at her through a window

A man who drove to a woman’s house and made faces at her through the window, has been disqualified from driving for three years at Thurles District Court.

Tairos Dube (40) of 10 Oaklawns, Old Dublin Road, Carlow, was charged with drink driving at Fishmoyne, Borrisoleigh on November 7, 2022.

Witness Caroline Lowry told the court that she was working from home on the morning of the incident, when the defendant drove “very quickly” into her driveway.

She said he parked the car at the backdoor, got out and looking “dishevelled,” made faces and gestures at her through the window.

The witness told the court that she recognised Mr Dube as he had previously done paint work on her house.

She asked him to leave, and when he did not, she called her husband, who said he would call Mr Dube.

The court heard that Mr Dube got back in the van, put his hands behind his head and appeared to be going to sleep.

At that point, the witness called the guards. Solicitor for the defendant, JJ Fitzgerald, put it to the witness that Mr Dube had worked for her company, and there was an issue regarding payment for work or a job in Cork.

Ms Lowry told the court that while their plumbing company does work in Cork, Mr Dube had never worked for her and her husband.

She said Mr Dube had come in for an interview but was not suitable for the job.They had, instead, given him a painting job in their home.

Ms Lowry told the court that she was in charge of payroll and she was not aware of any outstanding payments to Mr Dube.

“He never worked for our company,” said Ms Lowry.

ACTING ERRATICALLY

Garda Rachel Brogan of Thurles Garda Station told the court that on the day of the incident, she had received a report of a man “acting erratically” in Fishmoyne.

She and another guard drove to the property and approached the defendant’s van.

The court heard that the defendant was lying across the front seats, asleep and surrounded by cans of alcohol. The guard said that it took a while to wake Mr Dube, who had urinated on himself.

She told the court that she believed the defendant to be intoxicated and arrested him. Mr Fitzgerald put it to the guard that the witness was not frightened of his client when giving evidence.

To which the guard replied:

“I think if she wasn’t in fear, she would not have called her husband. If she wasn’t frightened, we wouldn’t have been called.

She would have just left him there.”

The accompanying guard, Garda Cian Hennessy, told the court that when they roused Mr Dube, he had been disorientated.

But as he was being taken to the patrol car, he became aggressive. This necessitated Garda Hennessy having to sit in the back of the car with Mr Dube.

The defendant was taken to Thurles Garda Station, where he was given a breath sample, which read 89 over 100.

The defendant was initially charged with an offence contrary to Section Five of the Road Traffic Act.

This was changed later to Section Four drunk driving.

Not a public place

Mr Fitzgerald said that the house was not in a public place and that his client was arrested for being the person in charge of the vehicle while intoxicated.

Only later to be charged with drunk driving in a public place, which the driveway was not.

He argued that the witness never saw him on the public road, only driving onto her property.

Mr Fitzgerald told the court that he did not believe the evidence collected for one charge, could be used for the other.

Inspector James White acting for the state, said that evidence for both charges was “identical.”

Furthermore, he argued that there was no other way to get to the property but on the public road.

“Logic and reason have to be applied. The point does not stand to scrutiny. It [the vehicle] didn’t fall from space.” said Inspector White.

Judgement

Judge Elizabeth MacGrath said the evidence against Mr Dube was “circumstantial but sufficient.”

The judge went on to say that she could understand the defendant being “upset” at having been arrested for one offence only to be charged with another.

But the court must make its decision on the facts. In mitigation, Mr Fitzgerald told the court that Mr Dube had recently lost his daughter in South Africa and was now living in emergency accommodation.

Judge MacGrath expressed her sympathies to the defendant for his loss.

She disqualified him from driving for three years and fined him €250.