Travellers win appeal over 25 year driving ban

ONE month after a 25 year driving ban and severe travel restrictions were imposed on several travellers involved in rioting in…

ONE month after a 25 year driving ban and severe travel restrictions were imposed on several travellers involved in rioting in Tuam, Co Galway, all but one of them have had the limitations on their freedom to travel lifted on appeal.

Many also had their sentences or part of them suspended on entering bonds to keep the peace for two years, with less stringent conditions attached than when judgment was banded down at the District Court.

At Loughrea Circuit Court, Judge Raymond Groarke was told that while some defendants at the 16 day trial received suspended sentences, they were now prisoners in their own homes, such were the rigid conditions attached to the bond they were ordered to enter into by Judge John Neilan at Tuam District Court.

Mr Stephen Roche, counsel for the appellants, all members of the Ward family, submitted that Tuam rather than Mountjoy became the prison in this case, with permission required from the local superintendent by anyone wishing to travel over two miles from their home.

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He added that the conditions attached to the bonds were extremely erroneous, with most of them being banned for driving for 25 years even though there was no evidence they had used vehicles to partake in the riot.

And they had been ordered to lodge personal cash sureties of up to £5,000 when entering the bonds, but some appellants on free legal aid had already or were now serving their sentences because they could not come up with this money, Mr Roche continued.

Sgt Martin Connor summarised the incidents which occurred at a Tuam burial ground and later at a traveller home in the town on June 2nd and 3rd, 1996, which led to the trial of 35 travellers on charges ranging from assault occasioning actual bodily harm, possessing offensive weapons and breaches of the Public Order Act.

He also detailed the defendants' previous convictions. Judge Groarke said he would deal leniently with those involved in just one riot and who had no previous convictions.

While there may have been some spontaneity on the first day, the events of the second day, when the McDonagh home was under siege, were premeditated, he said.

He praised the gardai for their efforts before addressing the appropriateness of 25 year driving bans imposed on those involved.

He said the law had been established by the Supreme Court and it was simply that a court could not disqualify someone from driving unless the manner the vehicle was being driven in warranted it or if the vehicle was used for the purpose of committing an offence.

The sergeant had given such evidence against Bernie Ward, 71 Coogan Park, Galway, who had driven a vehicle at a garda.

This defendant was not entitled to a driving licence but reduced his driving ban was reduced to 10 years.

Such bans imposed on 16 other appellants were lifted by Judge Groarke and some had their sentences suspended on condition they enter bonds in their own surety of £100 to keep the peace and be of good behaviour for two years.