Driver’s account ‘not credible at all’ – judge

A RATHDRUM man who appeared in court charged with driving without insurance or tax claimed that he did not drive the vehicle in question and that he was waiting on a recovery truck to collect it and bring it to his home.

David O’Toole of 22 Ballygannon was charged with committing the offences at Love Lane, Seabank, Arklow on February 25, 2018.

Garda Dean Bolger told Arklow District Court on Wednesday, November 21, that while on patrol on the date in question he saw a vehicle pull into an entrance and park outside the gate to a property.

He said that a man exited the driver’s seat and told him that he had just bought the car and that the seller delivered it to him on the side of the road and that they pushed it into the entrance as it was not driving.

Garda Bolger told the court that he was in no doubt that he saw the defendant driving the vehicle and that he stopped to speak to him when he saw it pull into a private house entrance and stop.

Mr O’Toole said that the car was not working and that he only bought it for parts.

He outlined that he bought it from a person in Wexford who transported it to Arklow and arranged to meet him on the road to hand it over.

Mr O’Toole added that, when the garda stopped him, his father was on the way to collect the vehicle on a recovery truck.

Solicitor Pauric Hyland said that given the difference between the garda’s and the defendant’s version of events, there is an element of doubt but Judge Kennedy said that he did not believe Mr O’Toole’s account.

‘It’s not credible at all,’ he said.

A two-year driving ban was imposed for the no insurance charge and a fine of €150 was imposed for driving without tax.