Adam Rusk (31) of Knockballymore Road, Newtownbutler was arrested at Eden Street carpark in Enniskillen at around 3am on May 7. When police approached him he was standing with a can of Carlsberg beside his car. The backdoor of the car was opened and his keys were on the roof of the car. 

One of the officers who spoke with Rusk on the night told Enniskillen Magistrates Court last week that he’d told them he had a taxi booked and it would arrive in five minutes. The officer said when they asked to see his phone he told them it had been his sister-in-law who’d booked the taxi for him, and it would be there in 10-15 minutes. 

Rusk, who fully cooperated with police, was then arrested on suspicion of being drunk in charge. 

In his evidence to the court Rusk explained he had been at his mother-in-law’s house earlier in the evening and had driven into the town for a 40th birthday party at Pat’s Bar, as no taxis had been available. He said at all times he intended on getting a taxi home, and had absolution no intentions of driving. 

When the night came to an end they revellers had decided to “continue the party on” elsewhere, and he had gone to his car to get his jumper as he was cold, where he also got the can of Carlsberg to take with him. 

Rusk explained he didn’t know any Enniskillen taxi numbers, so had called his sister-in-law who rang the taxi for him. He said it was after this point he was approached by police. He said he was “taken aback” when he approached by the officers, initially believing they were in the area for another matter. 

Defence barrister Stephen Fitzpatrick handed in phone records to the court, which showed multiple calls made from Rusk’s phone to his sister-in-law’s number, as well as logs from his sister-in-law’s phone which showed she’d called a taxi number, all from the time shortly before police arrested the defendant.

District Judge Nigel Broderick said based on the evidence before the court, he believed Rusk had no intention to drive, and acquitted him of the charge. He added that he could fully understand the police officer’s actions, and that Rusk’s arrest was “appropriate and proportionate.”