Testimony from a top medical specialist, has been given in court, indicating that a 27-year-old man from west Clare was experiencing a sleep disorder, when he was involved in a case of drink-driving causing his vehicle to skid into a roadside ditch last year.
During the hearing at Kilrush District Court, Dr. John Garvey, who is a specialist in sleep disorders, posited at St Vincent’s Private Hospital in Dublin, that in his professional viewpoint, Jack Sheehan from Sheehan’s Corner, Shragh, Kilrush, Co Clare, on the night of December 2nd last, drove his vehicle suffering from a NREM parasomnia.
NREM parasomnia refers to abnormal sleep-related behaviour that takes place during initial few hours of sleep, linked with non-rapid eye movement.
The court heard from Insp Ronan McMahon that Mr. Sheehan had exceeded the legal limit of alcohol for driving by twice, when he had an accident near Doonbeg, a west Clare village about 2.30 am on December 3rd.
Mr. Sheehan has refuted the drink-driving accusation, making use of the “sleepwalking” argument, a case which Judge Alec Gabbett labelled as “ground-breaking in terms of a defence to drink driving”.
However, according to Judge Gabbett, there were several contradictions in the Mr. Sheehan’s testimony. Patrick Moylan, the legal representative of Mr. Sheehan, argued on his behalf using the “sleep-walking” argument, stating “this defence is not put forward lightly”. He further stated that “no action is punishable if it performed involuntarily”.
Dr. Garvey, the consulting respiratory and sleep expert, testifying on behalf of Mr. Sheehan, asserted in the court that in his opinion, Mr. Sheehan “drove the vehicle as a repercussion of his NREM parasomnia”. He added that when Garda Gearoid Mangan discovered him by the roadside, “he wasn’t fully awake from sleep”.
Dr Garvey expressed that Garda Morgan’s account of Jack’s apparent disoriented state – glossed-over eyes, unsteady gait, and slurred speech – could be ascribed to either alcohol-induced inebriation or symptoms of NREM parasomnia. According to Dr. Garvey, Mr Sheehan had no compelling reason to leave his home and drive his car in the early morning of December 3rd. Although he did acknowledge the unusual duration of the occurrence, he emphasised that Mr Sheehan has a clear history of NREM parasomnia, which could explain this.
Garda Morgan testified in court that he saw Mr Sheehan’s Skoda Rapid car swerving off the road and into a ditch outside Doonbeg at approximately 2:30 in the morning. Reportedly, Mr Sheehan exited the vehicle claiming he was alright despite displaying symptoms of intoxication, which Garda Morgan believed rendered him unfit to drive. Subsequently, Garda Morgan arrested Mr Sheehan on charges of suspected drunk-driving, to which Mr Sheehan responded by apologising and admitting to consuming alcohol at a friend’s house.
Once tested, it was revealed that Mr Sheehan was indeed over the alcohol limit, with a reading of 68 grams per 100 ml of alcohol in his system. When asked about his client’s state, Mr Moylan, Mr Sheehan’s solicitor, confirmed that Garda Morgan described Mr Sheehan as appearing intoxicated.
Mr Sheehan, however, insisted that he was home that night, having consumed four beers and two rum shots before retiring at roughly 1 am. He alleged that he could not recollect mentioning a friend’s house and denied being there that night.
Upon reviewing the evidence, Judge Gabbett expressed a desire to examine a digital recording of Dr Garvey’s testimonial before making further considerations on the case. He deemed it necessary given the circumstances and decided to postpone the case until December 17th.