Soup man to appeal road ban

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A man who provides soup for the hungry said he won’t be able to deliver it now he’s lost his licence due to drunk driving.

David O’Brien pleaded with Senior Magistrate Archibald Warner to let him keep a licence for an auxiliary cycle so he can continue his community work.

Mr Warner told him he had no discretion in the matter but suggested he might wish to mount a Supreme Court appeal.

Speaking after the case, Government Minister Michael Weeks, a friend and supporter of Mr O’Brien, said he is willing to help him keep his soup run going despite the obstacle he now faces.

Outlining the case against Mr O’Brien, 56, from Pembroke, yesterday, prosecutor Carrington Mahoney told Magistrates’ Court he was stopped by police on Parsons Road, Pembroke on Friday. Officers were stopping and searching vehicles under the Criminal Code that night “in anticipation of violence”, according to the prosecutor.

They noticed Mr O’Brien’s blue Piaggio motorcycle wobbling along the road and stopped him on suspicion that he was drunk. They noticed he was unsteady on his feet with slurred speech, and he admitted he’d been drinking. A breath sample showed 257 milligrams of alcohol in 100 millilitres of blood, which is more than three times the legal driving limit of 80 milligrams.

Mr O’Brien pleaded guilty to impaired driving and told the magistrate: “On Friday night, I just lost control.” He added: “It was one night of not thinking.”

He explained to Mr Warner that he does “a lot of work in the community” and urged him to let him keep a licence for an auxiliary cycle so he can continue that work.

He also presented the magistrate with a character reference from Mr Weeks, who is his constituency MP.

Mr Warner said: “Clearly you must be congratulated for the work that you do in the community which would indicate that you need transport.”

However, he said he had “no power whatsoever” to impose anything other than a complete ban from the roads.

He noted that the Chief Justice recently ruled on the matter but “the whole issue of mandatory disqualification is still in the Supreme Court and there are still some appeals pending. It’s open to you to appeal my decision today and see what the Supreme Court says. Maybe if you join those appeals you may be lucky”.

Mr Warner advised that while he was imposing an $800 fine and a 12-month driving ban on Mr O’Brien, both would be suspended if he lodged an appeal, until such time as the matter is decided by the higher court.

Speaking after the hearing, Mr O’Brien told The Royal Gazette he makes soup at his home and delivers it to the hungry on Saturday mornings. He confirmed that he will appeal his ban as he will not be able to do the deliveries without transportation. He explained he had been drinking with friends on Friday and regrets what happened.

Mr Weeks, the Minister of Public Works, said: “I have known Mr O’Brien for a number of years. For the last few years, what he and his wife have been doing at least once a week is making soup and putting it in their car and driving to Albouy’s Point where they know young men who aren’t able to get anything to eat.

“I have always found that very commendable. This is an initiative he does out of his own pocket and there’s no profit in it.”

Responding to news of Mr O’Brien’s driving ban, Mr Weeks said: “He may have to be creative. He may have to recruit some other people, and as the Minister I’m so in support I may be willing to assist on occasion.”

Defence lawyer Darrell Clark confirmed he will be representing Mr O’Brien in his appeal which will question whether the magistrate had discretion in the case not to issue a full ban.

“It should be interesting as it will affect everyone in future,” he noted.

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