A SENIOR member of the Garda Traffic Corps in Limerick has avoided a criminal conviction for road traffic offences after paying €3,500 to charity.
Garda Michael O’Shaughnessy, Henry Street Garda station, was ordered to make the contribution to the St Vincent de Paul after he was caught with no NCT certificate and no tax disc on his car last year.
At Limerick District Court yesterday, Judge Eugene O’Kelly described Garda O’Shaughnessy’s occupation as “a distinguishing feature” in a case that had attracted considerable attention from the national media.
Solicitor Dan O’Gorman, defending, told Judge O’Kelly that his client’s home was targeted with graffiti in an appalling incident following his last court appearance and asked that his address not be published again.
Judge O’Kelly said Garda O’Shaughnessy, a highly experienced officer with an exemplary record, was a senior member of the traffic corps and “as such has a responsibility to enforce compliance with the very laws that he has been found in breach of”.
He said the public might have little sympathy for Garda O’Shaughnessy, adding that some people might consider that his actions were born out of an arrogance that had its origins in the nature of his employment.
However, he added that he must consider the matter in a more reasonable way and said the garda’s omissions “may not be the result of arrogance and a misguided belief that he was above the law, but may have been to do with casual carelessness or temporary financial pressure”.
Judge O’Kelly said he was told by Garda Supt Dan Flavin that a conviction would have implications for Garda O’Shaughnessy’s career.
While it was not the court’s business to interfere with any internal Garda disciplinary matter, he had taken this into account.
Dozens of people come before his court on similar offences every week and had their cases dealt with “without the offenders becoming a national news item”.
Garda O’Shaughnessy appeared before Limerick District Court in September charged with being the registered owner of a car that had no valid tax disc or NCT certificate on May 9th and 11th, 2011.
Judge O’Kelly instructed Garda O’Shaughnessy to make a contribution of €3,500 to the St Vincent de Paul and adjourned the case until yesterday for his final judgment.
He accepted the financial penalty imposed was “severe if not excessive” and said it was intentionally disproportionate.
Garda O’Shaughnessy had been embarrassed, humiliated and ridiculed by the incident. He had been identified and shamed nationally for an offence for which others “could expect total anonymity or at worst local notoriety”.