Garda used pepper spray during arrest of former TD

Michael McNamara was convicted of dangerous driving and banned for two years

Former Clare Labour TD Michael McNamara told a court today that he was "utterly and completely shocked" when pepper-sprayed by a garda outside his home in 2016.

Mr McNamara told Ennis District Court that his eyes "were burning out of my head" after Garda Darren McLoughlin pepper-sprayed him on 10 December 2016.

Garda McLoughlin told the court that he had pursued Mr McNamara in his patrol car to his home at Tobernagath, Scarriff in east Clare on suspicion that Mr McNamara had consumed an intoxicant due to the manner of his driving.

Mr McNamara passed a breath test for alcohol at Killaloe Garda Station later that night.

However, he was banned from driving for two years and fined €400 after Judge John King convicted him of dangerous driving.

Judge King said that there was evidence that Mr McNamara was driving at excessive speed on a dark and narrow road.

Mr McNamara's barrister Martin Dully said a driving ban "will be exceptionally disastrous for this man".

Judge King dismissed a second charge against Mr McNamara that he had obstructed a garda in the course of his duties.

In evidence, Mr McNamara told the court that he was temporarily "blinded" by the use of the pepper spray by Garda McLoughlin to his eyes, mouth and nose.

He denied evidence from Garda McLoughlin that he made three separate attempts to dash into his home on the night and that Garda McLoughlin applied the pepper spray on Mr McNamara's third attempt when trying to restrain him.

The former TD told the court that he believes that his arrest on the night was unlawful.

Garda McLoughlin told the court that Mr McNamara had earlier ignored his patrol car's blue lights and sirens as he pursued him on a 1.8km stretch between Scarriff post office and his home.

Judge King fixed recognisance in the event of an appeal against the dangerous driving conviction.