The CEO of Eirgrid, Mark Foley, was alleged to have driven under the influence of alcohol, but a blood test showing his alcohol level to be four times the legal limit was ruled inadmissible as evidence by the court. Mr Foley, 63, residing at Hunters Leap, Newcastle, Co Wicklow, was confronted with a charge for his alleged inability to appropriately control his vehicle due to intoxication. His plea to the accusation brought to Dún Laoghaire District Court on a Tuesday was not guilty.
Garda Kevin Massey, affiliated with Irishtown Garda station, professed that Mr Foley approached him on Dublin’s Anglesea Road on a late afternoon of January 13th, 2023. According to Mr Foley’s statement to Garda Massey, he lost focus while on a call and subsequently collided with two parked vehicles en route to Ballsbridge.
Garda Massey perceived the smell of alcohol on Mr Foley’s breath, which led to queries about his sobriety. Despite denying consumption of alcohol, Mr Foley’s breath test result indicated otherwise. Mr. Foley was arrested suspecting drunk driving at about 6.10 pm and was then escorted to Irishtown Garda station, where he was informed of his rights.
A doctor was called upon to collect a blood sample from Mr Foley as per Section 12 (B) of the Road Traffic Act 2010. He arrived around 7.35 pm. However, Garda Massey claimed not to remember the exact request for the sample. By approximately 7.42 pm, the sample was provided, a portion of which Mr Foley accepted. After the procedure, Mr Foley was released at 7.55pm that evening. Another sample was later given to the Medical Bureau of Road Safety by Garda Massey.
On the 20th of January, 2023, the department forwarded a certificate to Garda Massey, stating that the examined sample indicated 216 milligrams of alcohol in every 100ml of blood. The current legal limit for driving under the influence is at 50mg for every 100ml.
Judge Anne Watkins raised concerns that a formal demand was not extended to Mr Foley at the Irishtown Garda station. Instead, Mr Foley should have been offered to provide a urine sample.
Consequently, the judge declared that Garda had no legal authority to collect the blood sample. She emphasised that it couldn’t be acknowledged as a legally procured sample and thus, couldn’t be used as evidence for the case.
She pointed out that without witnesses to substantiate Mr Foley’s alleged drunk driving, the State had no backing for their accusation.
The judge made it clear that the reasons for Mr Foley’s loss of control over his vehicle were not yet clarified. She suggested a variety of potential causes – a sudden appearance of a fox or a child on the road, an oil spill, or simply due to inadequate vigilance. She mentioned that alcohol can’t be confirmed as the cause.
Therefore, the idea that Mr Foley’s collision with parked cars was due to inebriation, could not be accepted.
Mr Foley, who had served in high-ranking roles within the Dublin Airport Authority and Coillte, joined Eirgrid in June 2018. However, he resigned from his position as chief executive of Eirgrid this April, just a day before his case’s first court appearance.
The particular reasons for his resignation were left unmentioned, and Eirgrid refrained from providing any comments at that time.