Judge ‘reluctantly’ dismisses majority of 42 speeding cases

Some 42 prosecutions before Killarney District Court for speeding offences detected by speed camera vans resulted in just eight convictions.

The summonses were issued after fines for fixed-charge notices issued for speeding, had not been paid or responded to in time.

At a court hearing this week, several of the 42 summonses were withdrawn by the Garda.

Some were dismissed because of what the court was told was “a lacuna in the legislation”, while others were dismissed because the drivers swore they never got the notices - which are sent by ordinary post - and only discovered they had been detected for speeding when the summonses arrived by registered post.

Spouse driving

Three couples were in court to swear it was the spouse who had been driving, not the car owner who had been the person issued with the fixed charge notice.

One woman, who was the registered car owner, had given her old car to her husband and said responding to the notice was “his problem”.

Another said she hid the notice from her husband. A separated man outlined at length the difficulties in his relationship, and said his partner did not give him the notice.

Four speed van operators were in court to give evidence.

All but two of the 42 detections related to the same location, the R563 at Faha, a 60km/h zone on the 80km/h Killarney to Dingle road.

One convicted driver said it was a “a trick spot” and he would appeal the €175 fine and conviction for driving 79km/h in the zone. The speed van was parked near the 80km/h sign, he claimed.

A traditional musician who plays “all over the country” was caught going at 71km/h. He said it had been a terrible year for him; his partner had not been talking to him and did not give him the notice.

He had five penalty points already and his licence was “in real jeopardy” now, the judge said.

Judge James O’Connor dismissed the case “by the most minor margin”.

‘The books aren’t balancing’

In another case, a man who was the registered car owner of vehicle detected driving 69km/h in the 60km/h zone at Faha East said it was his wife who was driving at the time.

His wife gave evidence saying she got the notice through the post as she was home first in the evenings but “put it away” because she did not want her husband to know about it .

“You did not tell your husband the truth?” Judge O’Connor said.

She said she did not.

The judge dismissed the summons but said it was “unfair” on people who did the right thing.

“The books aren’t balancing,” Judge O’Connor said.

A north Cork woman issued with a notice for driving at 78 km/h in the 60km/h zone appeared with her husband to say “it was his problem”. She had bought a new car and given him her old car and he was the one speeding.

“Did the notice come to you?” Judge O’Connor asked. She said it did.

“Then it’s your problem. You’re the owner... You’re supposed to tell [the fixed charge office] who’s driving, not him,” the judge said.

The husband said he got the form from his wife, but sent it back too late .

It was the second case that day in which the owner did not respond but “passed the buck on,” the judge remarked.

Judge O’Connor said he had no choice but to dismiss the case because “technically I have to.

“But they didn’t do things properly. Technically I have to dismiss because there’s a lacuna in the legislation. I have no choice. But I dismiss it reluctantly,” Judge O’Connor said.