Truck driver, 47, charged with giving false name and address after being stopped by Gardai

A COURT heard that a 47-year-old man, who was charged with giving a false name and address to gardaí, claimed it was his brother driving the truck when stopped at 2am carrying plant machinery on the main Enniscrone/Ballina Road.

Eddie McAndrew, Curradrish, Foxford, Co. Mayo, was charged with giving a false name and address when stopped by gardaí on the N59 at Rathglass, Corballa, Co. Sligo, on May 18, 2020.

Sligo District Court heard thatt Garda Margaret McAndrew was on duty in the patrol car when she observed a truck carrying machinery on the main Sligo/Ballina road at 2am. She signalled the truck to stop and it pulled in. She asked the driver for his driving licence which was produced – reading Oliver McAndrew and it was current.

She looked at the documents on the windscreen and they appeared in order. She also asked him as to the origins of the machinery in the truck, was satisfied with his answer and told him he could go on.

Detective Sergeant Martin McHale was called as a witness. He said he had been on the N59 at 2.30am and was off-duty. He had observed a lorry carrying plant machinery which he thought was strange and alerted gardaí at Enniscrone.

When the lorry stopped at their checkpoint, he recognised the driver as Eddie McAndrew. He inspected the machinery and had no issues at the time.

However, once he had a conversation with his colleague afterwards he realised Gda McAndrew had a different name for the man. He said he knew him “from previous dealings”.

Under cross-examination by defending solicitor, Gerard McGovern, the garda said he last saw him about 12 months ago and was satisfied it was Edward McAndrew.

He didn’t accept Mr McGovern’s assertion it was highly unusual there were three gardaí at the scene.

The court also heard Gda McAndrew subsequently called to the defendant’s address on two occasions but didn’t get him however, she got his daughter on the phone and spoke with him via her. He was asked to produce his insurance cert and driving licence at a garda station within 10 days. He claimed it was not he but his brother Oliver driving on the night in question. He refused to do so and said “sort out this ******* country.”

Gda McAndrew testified she was now satisfied he was the driver in question and had seen a picture of him on the Garda Pulse system. Mr McGovern objected to “dock ID” being used to identify his client. He said the garda had asked for his licence, taken it to the nearest public streetlight to look at it and had accepted the person she was talking to was Oliver and was satisfied it was him.

Sergeant Derek Butler said the state believed the evidence given by Det Sgt McHale was strong enough [to convict]. Mr McGovern asked Judge Sandra Murphy to give the doubt to his client.

Judge Murphy said she had heard the evidence of Gda McAndrew who said that the defendant gave a false name and address and date of birth. She acknowledged Det Sgt McHale was a very experienced member of the gardaí and had made a “very, very clear” identification of Edward McAndrew and to have a doubt Det Sgt McHale “would have to be lying and this was ludicrous”. Mr McGovern made it clear to the judge he said the detective sergeant was “mistaken” and not a liar, and that dock ID was not allowed in the court. Mr McAndrew testified it was not him driving and he never met Gda McAndrew before, however he had met Det Sgt McHale once before. He indicated he has a mark on his face and his brother doesn’t. He also suggested a Covid mask may have affected identification.

He said he had no reason to give his brother’s name when stopped as he had his own licence. He also said his brother went between Ireland and the US.

Judge Murphy said she required a clear proof beyond reasonable doubt in relation to the summons charge to convict, and it was not rebutted to her satisfaction.

Regarding the insurance charge, Mr McGovern said his client was entitled to have that dealt with and asked the judge to give him that opportunity. The judge adjourned that charge until June 2, and the giving false name and address charges until June 13 for finalisation.