Judge in controversial speed ruling to review his cases

The District Court judge recently embroiled in controversy over his decision just to fine two drivers speeding on a bypass at…

The District Court judge recently embroiled in controversy over his decision just to fine two drivers speeding on a bypass at Mullingar, is adjourning all careless and dangerous driving cases until he conducts a review of all his cases that have been appealed to a higher court this year.

"I am now carrying out a review of all convictions that I have made under section 52 and section 53 of the Road Traffic Act and have asked the chief clerks in Mullingar, Longford and Tullamore to assist me with all decisions made by me from January 1st last, so that I can fully appraise myself," Judge John F Neilan said at Mullingar District Court.

His decision follows his ruling at the previous week's court sitting to hand down fines of €2,000 to two motorists caught speeding in excess of 190km/h, which caused a public furore.

The chairman of the Road Safety Authority, Gay Byrne, described the judgment as too lenient.

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However, at last Thursday's sitting of Mullingar court, Judge Neilan said he had found himself in a similar situation to Mr Justice Paul Carney, who presided over the Robert Holohan case, in that he was compelled to note the decisions of the higher courts in passing judgment.

"It is worthy to note that in the Holohan case, Mr Justice Carney set out very clearly that his hands were tied [ in his judgment] and set out the reasons for this."

He and Mr Justice Barry White in the High Court have both said many times that as far as they were concerned, as judges their sentences were being "decimated" by the Court of Criminal Appeal.

In reference to the leaking of a videotape to the media of the men speeding - which was not included as evidence in the case - the judge said those who condoned the conduct of the gardaí in this instance were also condoning the conduct of gardaí in various alleged corruption cases.

"I am now adjourning any prosecutions under section 52 and 53 of the Road Traffic Act so that I can look at all the results returned by the Circuit Criminal Court to me.

"It is extremely disturbing to know that certain members of statutory bodies and members of the media that were in this court had access to a videotape that ends up on national news. It is not possible for any judge to adjudicate on any evidence that does not come before a court of law.

"Certain members of the media and gardaí did not care less how the tape was acquired, however, which would suggest that they, in that very statement, condone the conduct of members of the Garda Síochána in the [ Donegal nightclub owner] Frankie Shortt case, the McBrearty affair, in the Morris tribunal and the Dean Lyons case [ in relation to the Grangegorman murders]."

According to Judge Neilan, if people were proposing a "return to lynch law", he would not feel comfortable remaining as a member of the judiciary. "This court always remains level-headed at all times. If any member of any statutory body, the Garda Síochána or the media think that I am going to make orders to meet the populus demand, then they are greatly mistaken."

The judge has been frequently in the news for his zero-tolerance stances against drink drivers, but he has had jail sentences overturned by the circuit court.