Driver in GSOC complaint is without credibilty - Judge
A 45- year- old mother of three facing several driving offences and one of stealing a friend’s car has been told by a District Court Judge that she was without any credibility of bona fides “from beginning to end.”
Judge Kevin Kilrane made the remarks about Fiona Gallagher of Carrowhubbock, Enniscrone who is before Sligo District Court on charges of driving without insurance, driving while banned, the theft of a Nissan Quashqai valued at € 12,000, dangerous driving and failing to stop for a Garda.
The court heard that the defendant wasn’t driving at present and that she was contesting the charges with her barrister, Mr Keith O’Grady BL ( pictured) instructed by Mr Gerard McGovern, solicitor claiming she had been wrongfully convicted for driving without insurance at Tuam District Court in 2014, a conviction later upheld by the Circuit Court in Galway.
She was subsequently stopped a number of times af- ter moving to Enniscrone from Galway and Mr O’Grady said everything flowed from that original conviction in Tuam. Mr O’Grady said there were issues surrounding the service of a summons in that Tuam case and which was the subject of a “highly relevant” complaint by Mrs Gallagher to GSOC in early 2016 which was now investigating the matter.
Mr O’Grady sought to have all the charges against Mr Gallagher adjourned until after the GSOC probe had concluded but Judge Kilrane refused.
Mrs Gallagher told the court that the conviction in Tuam had a huge knock on affect oner her. She had buried her head in the sand, failed to turn up for court and she had ongoing family law proceedings to deal with at the time as well.
She had avoided matters until December and she was now only dealing with them having consulted with Mr McGovern who was successful in obtaining information about the service of the summons in Tuam and she felt real progress was being made since.
The court heard she appepared at Tuam District Court after she had failed to show on the first occasion and a bench warrant was issued.
She claimed she wasn’t listened to in court that appealed the conviction to the Circuit Court where the case went on in her absence after she failed to secure an adjournment for the second time. In July 2015 the Circuit Court in Galway banned her from driving for four years, backdated to July 2014. Mrs Gallagher told Judge Kilrane she would like the concluded GSOC file in front of him before he would deal with her cases.
At the outset of the case Mr O’Grady, who was appearing for Mrs Gallagher for the first time, said certain guilty pleas had been entered to matters at previous sittings which had been adjourned on a number of occasions.
Judge Kilrane said he wasn’t quite sure what the position with the defendant was given that she had created so much confusion. He got the impression the defendant was trading on that confusion.
The defendant agreed with the Judge that she had told the court she hadn’t been driving when she was. Judge Kilrane said it was now going on a year and seven months since her Circuit Court conviction and no judicial review of that decision was made despite this being mentioned by the defendant at previous hearings.
“In fact I don’t know what judicial review could be taken given the defendant didn’t turn up to prosecute her appeal,” he said. The Judge pointed out that the defendant had been with three different solicitors and no judicial review application had been lodged to date.
The defendant had now embarked on a complaint to GSOC which relates to the service of the initial matter in Tuam. He wasn’t quite sure what the complaint was.
“There is an aspect of the defendant throwing dust in people’s eyes and this charade must be brought to an end so I’m noting going to adjourn these matters. There has been obstruction throughout,” he said.
The Judge also pointed out that some summonses relating to her driving cases in Enniscrone had been served but were later found in the street having been dumped. A member of the public found them and brought them to the District Court office in Ballina and they were sent on to Sligo.
Judge Kilrane told the defendant: “The confusion is now over. There will be no more confusion.” The Judge said he was vacating all pleas made by the defendant up to now.
“You are facing the sharp edge now,” he told the defendant.
The Judge said he was adjouning all cases to May 4th and he wanted the defendant to put in writing her instructions in the matter and this was being done to protect everyone “including you Mr O’Grady.”
The Judge refused a request for a 12 month adjournment with Mr O’Grady saying he wished to put as much distance between when she had stopped driving and sentencing in the matters.
With regard to the alleged theft of the Nissan, Inspector Donal Sweeney said the DPP had directed the matter be heard in the District Court if there was a guilty plea.
It was alleged the defendant had sold a friend’s car to a garage in Ballina. Mrs Gallagher said she was denying this.
Mr O’Grady had initially argued strongly to have all matters adjourned until after the GSOC investigation was concluded. He said there had been ongoing contact between the defendant and GSOC.
“Essentially, she alleges she was the victim of wrongdoing on behalf of the Gardaí in Galway,” he said. Judge Kilrane said that even if it was assumed something happened wasn’t this correctable by an appeal from the District Court in Tuam to the Circuit Court in Galway or by judicial review proceedings.
Mr O’Grady said the defendant told him she had been badly advised and there was a delay but that she now intended pursusing a judicial review after the GSOC probe was concluded.
Her complaint had been deemed admissable by the policing oversight authority.
Asked what the complaint was about Mr O’Grady explained it was that a Garda in Tuam had essentially caused a prosecution which was wrongful and that the summons was never served.
Mrs Gallagher had never met the Garda who served the summons and the matter just proceeded and she says she couldn’t possibly be guilty.
The defendant said when the matter was in the Circuit Court she thought she would get an adjournment. She was involved in Family Law proceedings at the time and was moving from Galway to Enniscrone.
“It is my belief that I wouldn’t be here today but for the Tuam and Galway matters.
“I tried to have the Circuit Court appeal re- entered but I was told I would have to go to the High Court for review. I did take advice but I didn’t have the funds to continue with the matter,” she said adding that she had been wrongfully convicted.
She claimed her Tuam summons was never served properly. It had been served on some man, “a random person” who could not now be traced.