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

Wicklow People - - NEWS -

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.

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