Me­chanic cleared of driv­ing de­fec­tive car

GAR­DAÍ HAD HANDED OVER KEYS OF CRASHED CAR BUT LATER CHARGED MAN

The Kerryman (South Kerry Edition) - - NEWS -

A GLEN­BEIGH me­chanic who col­lected a dam­aged ve­hi­cle from the scene of a crash only to be stopped af­ter turn­ing away from a garda check-point and sub­se­quently charged with driv­ing a de­fec­tive ve­hi­cle, has had his case dis­missed af­ter the court heard that he had been handed the keys by gar­daí.

Leon Sei­dler (28), Keelnabrack, Glen­beigh was charged with driv­ing a ve­hi­cle with a de­fect know­ing that it was a dan­ger to the pub­lic, at Keelnabrack on May 14, 2016. The court heard that when the ve­hi­cle ap­proached the garda check-point it turned and was lo­cated a short dis­tance away. The ve­hi­cle was in­volved in crash ear­lier that day, was ex­ten­sively dam­aged and had ini­tially been seized by gar­daí.

PSV In­spec­tor Jim O’Brien found a num­ber of de­fects, par­tic­u­larly to the near side front corner, in­clud­ing a miss­ing head­lamp, se­ri­ous dam­age to the front wing and the ve­hi­cle’s bon­net was pushed back.

So­lic­i­tor Dan O’Con­nor said he could fully ex­plain the events, stat­ing that his client was a me­chanic by trade and had re­ceived a call from a lady client ear­lier that day ask­ing him to deal with a crashed ve­hi­cle and take it away.

Mr O’Con­nor said gar­daí had moved the ve­hi­cle to a safe area and had the keys. The de­fen­dant had con­tacted gar­daí who handed Mr Sei­dler the keys back at the scene of the crash. “My client in­spected it to see if it was safe, he re­moved the wing mir­ror and drove back to­wards the garage with a friend in front in a van with lights flash­ing.”

Mr O’Con­nor said that gar­daí had felt he had no in­sur­ance af­ter stop­ping him but he did in fact have garage in­sur­ance.

He added that the ve­hi­cle was in no way per­fect but wasn’t a dan­ger to the pub­lic in the man­ner in which he was driv­ing it, adding that it also not dan­ger­ously de­fec­tive and it was also a dry evening.

Judge O’Con­nor said that un­der such cir­cum­stances it wouldn’t be right to con­vict and duly struck the mat­ter out.

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