*Kilrush Courthouse.
AN EXPERT medical witness has told a court that a 27 year old West Clare man was undergoing a sleep disorder episode when he was drink-driving and his car veered off the road into a ditch last year.
At Kilrush District Court, sleep disorder expert, Dr John Garvey of St Vincent’s Private Hospital in Dublin said that in his opinion that Jack Sheehan of Sheehan’s Corner, Shragh, Kilrush, Co Clare on the night of December 2nd last drove his car as a result of a NREM parasomnia.
NREM parasomnia is a non-rapid eye movement disordered sleep-related behaviour that occurs during the first few hours of sleep.
Insp Ronan McMahon told the court that Mr Sheehan was twice over the legal alcohol limit for driving when he crashed his car near the West Clare village of Doonbeg at around 2.30am on December 3rd last.
Mr Sheehan is contesting the drink driving charge based on the ‘sleepwalking’ defence in a case which Judge Alec Gabbett described as “a very significant development in terms of a defence to drink driving”.
Judge Gabbett said that there were a number of inconsistencies in Mr Sheehan’s evidence however.
Advancing the ‘sleep-walking’ defence on behalf of his client, solicitor, Patrick Moylan said, “I don’t bring this defence lightly”. He said that “No act is punishable if it is done involuntarily”.
In the witness box on behalf of Mr Sheehan, Consultant Respiratory and Sleep Physician, Dr Garvey told the court that in his opinion, Mr Sheehan “drove the car as a result of his NREM parasomnia”.
He said that when Garda Gearoid Mangan found him at the roadside, “he was not clearly awoken from sleep”.
Dr Garvey said that Garda Morgan’s description of Jack’s eyes as glassy and his speech slurred as well as being unsteady on his feet could fit with someone in the midst of NREM parasomnia and half asleep as well as alcoholic intoxication.
Dr Garvey said that Mr Sheehan had no motive to leave his house and get into his car in the early hours of December 3rd.
Dr Garvey said that the episode occurred during sleep which is in keeping with a NREM parasomnia. He said that Mr Sheehan had amnesia of the episode which is in keeping with NREM parasomnia.
Dr Garvey conceded an episode lasting this long would be regarded as an outlier as “most episodes tend to resolve spontaneously within a shorter timeframe”.
Barefield native, Dr Garvey said that other factors would have increased the likelihood of NREM parasomnia – Jack was sleep deprived on the date in question and had reduced medication dosage he was on the day before.
Dr Garvey said that it was not an isolated incident as Jack had a clear history of NREM parasomnia and the frequency of the episodes had increased in recent years.
Dr Garvey said that Jack’s GP made a referral to him a number of days after the accident and said that he was thankful that there was no tragic outcome as is the case in other instances of NREM parasomnias.
Dr Garvey said that he has given evidence in other cases before the criminal courts and found that individuals had not undergone a NREM parasomnia episode.
In evidence, Garda Gearoid Morgan told the court that he saw Mr Sheehan’s white Skoda Rapid car veer off the road into a ditch outside Doonbeg at around 2.30am
Garda Morgan said that Mr Sheehan got out of the car and said that he was fine but his eyes were glassy and speech was slurred that in his opinion rendered him incapable of driving a vehicle.
Garda Morgan arrested Mr Sheehan on suspicion of drink driving and Mr Sheehan said in response, “I am sorry. I was drinking at a friend’s.”
Mr Sheehan was subsequently tested and was found to be over the limit at 68 grams per 100 ml of alcohol.
Asked by solicitor for Mr Sheehan, Mr Moylan how his client appeared, Garda Morgan said, “He seemed intoxicated.”
In evidence, Mr Sheehan said that he was at home on the night and had four bottles of beer and two rums before going to bed at around 1am. Mr Sheehan said that he couldn’t recall saying he was at a friend’s house and said that he wasn’t at a friend’s house on the night.
Judge Gabbett said that before further considering the case, he wished to get a Digital Audio Recording (DAR) of Dr Garvey’s evidence.
He said that the case warrants it and adjourned the case to December 17th.
