herald

Friday 15 December 2017

Driver 'in kill threat to garda'

A YOUNG motorist stopped on suspicion of speeding allegedly told the investigating garda he would "kill him" and violently resisted arrest at the roadside.

James Ogle (24) is accused of public order offences during the incident after what gardai claim was a 100kph pursuit while there was a child in the car.

Ogle has claimed he was assaulted by the garda at the scene. A passing motorist, who is a pilot, has alleged the prosecuting garda punched Ogle in the back of the head.

Dublin District Court also heard the accused's girlfriend, who was with him in the car, allegedly tried to intervene.

Ogle, of Whitethorn Gardens, Palmerstown, is charged with obstructing a garda and causing a breach of the peace at Ellis Quay, on February 23, 2011.

Judge Grainne Malone adjourned the case for continuation at Dublin District Court in two weeks.

Garda Peter O'Brien told the court he was travelling on his motorcycle when he saw Ogle's Opel Vectra coming in the opposite direction at speed.

He said Ogle's car was in a bus lane and cut across a lane of traffic. The garda said he activated his blue lights and sirens and followed Ogle, because he believed he was driving without due care.

He pulled him in with the intention of administering a caution. But Ogle was aggressive when he rolled down the window, Garda O'Brien said.

"He said I had no right to stop him, he had done nothing wrong," Garda O'Brien alleged. There was a small child in the back seat of the car and the garda tried to calm Ogle down, the court heard.







Struggle

When he asked him for his details, he alleged the defendant continued to be "hyped up and aggressive".

"He came up to me and aggressively put his face up to my face and gritted his teeth and said 'you think you are a big lad, I'll see you again and I'll kill you'," the garda said.

He said a violent struggle ensued in which he put the defendant to the ground. "I used no more force than was reasonably necessary."

Defence barrister Diarmuid Collins said the accused would say Garda O'Brien was rude and aggressive and cursed in front of his child, despite being asked not to. The case continues.

aphelan@herald.ie

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