Uninsured driver charges dropped

STATE FAILED TO CHALLENGE DEFENDANT’S TESTIMONY

A MAN accused of driving uninsured and without a licence had his the charges dismissed as the state did not cross-examine his evidence that he was not driving. Paul Sheridan (29), 2 Bruce Terrace Upper, Dargle Road, appeared in Bray District Court last Thursday, facing a number of charges in addition to the motoring offences.

Garda Alan Kelly told the court that he was on mobile patrol at Sea Road in Kilcoole on February 27, 2016.

He said he saw Paul Sheridan driving and stopped at the car park and spoke to him.

Garda Kelly said that he smelled cannabis from the vehicle and searched the car, finding a small quantity of cannabis in a grinder in Sheridan’s pocket.

Sheridan admitted ownership and signed the garda notebook, said Garda Kelly.

Garda Kelly said that there was no tax, NCT or insurance displayed and Sheridan said he had no licence. Garda Kelly said that Sheridan became irate and abusive when gardai said they would seize the car. ‘He called Garda Shore and myself “scumbag b****rds” and “dirty pigs”’, said the garda.

He said that while waiting for the tow truck, they found a Stanley blade in the driver’s side pocket and Sheridan made no reply when questioned.

Solicitor Brendan Maloney said that there was no record of Sheridan driving in the garda notebook.

Sheridan told the court that he wasn’t driving the car and didn’t own it. He said that he had been asked to work on the car by a friend.

Mr Maloney said that the gardaí had no certificate to prove that the substance found was cannabis.

He said that it was not up to the defence to ask for anything, but for the state to prove their case beyond a reasonable doubt. Judge Kennedy dismissed the alleged possession of drugs charge.

Mr Maloney said that the state had not proved that the knife belonged to Mr Sheridan. He said that the car was not registered to him, he was not the registered owner.

‘ They have to prove knowledge of possession and they didn’t do that,’ said Mr Maloney.

Judge Kennedy granted a dismissal in the possession of a knife case.

Mr Maloney made an application to the judge to dismiss the matters relating to driving. HE said that the court could not be satisfied that a legal demand had been made for production of documents. ‘I’m not granting that direction,’ said Judge Kennedy.

With that, the defence went into evidence. Mr Sheridan denied that he was driving. The state did not challenge his evidence as they were under the impression that the judge had already convicted on that matter.

Mr Maloney pointed out that the judge could not have convicted on anything prior to the defence finishing its evidence.

‘I’ve no doubt but that he was driving,’ said Judge Kennedy. ‘But you didn’t challenge him on it.’ He dismissed the driving related matters.

The remaining matter was a charge of threatening and abusive behaviour, for which Judge Kennedy handed down the maximum sentence of three months in prison. He also handed down a fine of €750.

Judge Kennedy said that Sheridan, who had 100 previous convictions, has ‘an atrocious record’.