Driverisgivenachance againstJudge’s instinct

DISTRICT COURT

A 36 year old man caught driving while banned for 20 years had has his case adjourned for a year after Judge Kilrane said he was prepared to give him one final chance though it was against his instincts to do so.

Before the court was Ronan Lynch of 105 St Brigid’s Place who was charged with having no insurance, tax or NCT when stopped at Carrowgubbadagh on January 2nd last.

Garda Brendan Gardiner told the court he stopped the defendant for travelling at 129kph in a 100kph zone.

The defendant had 48 previous convictions.

The defendant was represented by Mr Gerard McGovern, solicitor who handed in a reference from the defendant’s employer.

Lynch, called by Mr McGovern, agreed that he had a bad record. The defendant said his record was bad before 2010 when he had some 39 convictions and he had also spent some time in prison.

The Dublin native said he had since made a new life for himself in Sligo.

He was working in a factory here for 14 months and had settled here.

On the day he was stopped he had friends around and one had too much drink taken and decided to drive him home to Collooney.

It was a simple mistake said the defendant, adding that he felt he had done enough “prison time.”

Judge Kilrane noted that the reference pointed out that the defendant was a valued employee.

However, he was driving in January and again in May in Mullingar when he was disqualified for 30 years having previously been put off the road for 20 years.

“And, this is when he is supposed to have turned his life around?”- Judge.

Mr McGovern pleaded that Lynch had put his “bad past in the past.” “Has he?” - Judge. Lynch said he had a very fool- ish youth where he had stolen cars. He never had a licence.

Mr McGovern pleaded: “He’s had a criminal background but outside of driving he had done exceptionally well but he should have known that driving while disqualified is a very serious offence.”

He added that it wasn’t easy for the defendant to change his life and become a skilled, valued worker.

“Prison will only bring everything back down on him again,” said Mr McGovern.

Lynch told the judge he didn’t have a car now and neither did his partner.

The car he was driving on the occasion was since scrapped and he got a lift to work.

Asked for his views on the matter, Inspector Paul Kilcoyne said it appeared the defendant had a life for himself in Sligo now.

He had driven no later than May however and also knowing that he was going to be prosecuted for the offence in May.

Judge Kilrane said no one is banned for 30 years without a string of convictions.

The Judge said Lynch was driving while banned on January 2nd when he was also speeding with “absolutely nothing on the car.” He’s up and at it again on May 15th this year in Mullingar when he says there was an emergency. “These were very serious matters,” he said.

In mitigation, he was had emerged from a past that included prison and was now a skilled welder and fabricator.

“I’m all in favour of giving someone a second chance but he’s got about ten chances.

“The question is does he deserve one final chance?

“I’m prepared against all my instincts to give him one,” said the Judge.

The case was adjourned to November 9th 2017 by the Judge who told the defendant, this was to prove “what you are saying is what you mean.”

The Judge added that if there was another offence, “I can tell you here and now you will be going off for eleven months.”