Motoring summonses struck out by judge

MOTORING summonses were struck out at Wexford District Court after accused drivers told Judge Brian O’Shea they did not receive postal fines called PCPN’s or fixed charge penalty notices.

The judge expressed some scepticism at the rate at which such cases have been coming before him in the wake of a High Court judgement.

He pointed out that the decision of Judge Rafferty was held off to allow the Oireachtas close off such a line of defence.

In the absence of new legislation, the only sure-fire way to ensure that FCPN’s are received is to have them served in person by gardaí, he suggested.

James Connors (56), Tottenham Green, Taghmon, had three bald tyres on the van he was driving at Clonard Retail Park on May 11 last.

He had an explanation for why the notice might have gone astray, telling the court that he was now living at Ballyhine in Barntown.

The judge pointed out that he was supposed to notify the authorities of any change of address.

Connors responded that he would be moving back to Taghmon but that he had received death threats while staying there.

He also stated that the van in question was exported for scrap one week after it was examined by prosecuting Garda Mark Cullen.

The judge dismissed the summons with reluctance, saying he was satisfied the defendant did not receive the postal fines.

Some of the same considerations were in play as the court dealt with Andrew Kehoe, Ballyhoe, Screen, who stood accused of holding a mobile phone while driving.

The offence at Tower Court dated back to May 30 last and Kehoe was in court to state that he received no documentation until the summons arrived.

The judge was concerned that he could not convict a man who admitted committing an offence.

He complained that the legislature had not moved to remedy the situation, observing that everyone knew there was a problem but no one was addressing it.

Again, this case was dismissed.