Drunk Derry man was walking in the middle of the road

A drunken man, who was arrested for his own safety after walking in the middle of the road in total darkness last year, has been fined €100 in court.

Thomas McElwee, of 41 Stevens Park, Drumahoe, Derry, was charged with being intoxicated in a public place and summonsed to Carndonagh District Court after failing to pay a postal fine in respect of the offence.

The 32-year-old did not show up at court, but Judge Eiteain Cunningham ruled that the case against him could proceed as scheduled, after she was shown proof that he was properly notified.

“I note that Mr McElwee is not present in court nor has he instructed a solicitor to attend on his behalf. He was written to and advised of these proceedings, and there’s a tracking note that the item was delivered on May 7, 2025. In those circumstances, I am satisfied to proceed in absence,” the judge explained.

Garda Keith Conlon was sworn-in to give evidence in the case.

He told the court how he was on duty during the early hours of August 5, 2024, when he was alerted to an intoxicated male, who was seen walking in dark clothing along the road between Buncrana and Clonmany.

“We located the male at 1.52am at Mindoran, Clonmany. He was walking in the middle of the road. He was highly intoxicated, and I deemed him to be a danger to himself and to others,” Garda Conlon testified.

At 1.53am Mr Stevens was arrested for an offence contrary to Section 4 of the Criminal Justice (Public Order) Act 1994.

Garda Conlon said Mr Stevens was cautioned and taken to Buncrana Garda Station to be further processed. A fixed penalty charge notice was subsequently issued in respect of the offence, but it was not paid, and the matter progressed to court as a result.

Following the brief hearing, Judge Cunningham found the facts proven and enquired as to whether the absent defendant had any previous convictions.

Sergeant Emmet Brady revealed how Mr Stevens has one previous conviction for a similar offence under Section 4 of the Public Order Act, dating back to October 2, 2022. He was later fined €100 at Buncrana District Court in July 2023.

Judge Cunningham fined the Derry man another €100 for his latest offence, allowing him five months to pay the sum.