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Road traffic charges struck out following father’s testimony E-mail
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Wednesday, 25 July 2007
Road traffic charges against a young man who appeared before Galway District Court on Monday were dropped after his father’s testimony and a convincing argument by defence solicitor Jennifer Prendergast. Niall Burke, of Carhertymore, Turloughmore, Galway, was charged with several road traffic offences: failure to produce a valid driving licence, failure to produce an insurance certificate, driving without a licence, and driving without insurance.

Garda Finbarr G. Philpott gave testimony that he had stopped Mr Burke on Sunday, 15 October 2006, in the car park of a roofing business in Oranmore.

Defending solicitor Ms Jennifer Prendergast challenged the insurance-related charges on the grounds that the car park in which the accused was found was not a ‘public’ car park. She argued that the car park, outside a roofing business on the Monivea Road, was private property and thus, insurance was not required to drive in it. The business in question was closed, as the incident took place at 10.30pm on a Sunday night.

Judge Denis McLoughlin agreed that the car park did not qualify as “a public place”, as it was usually only available to customers and staff at the business. He struck out the charge of driving without insurance and the charge of failure to produce an insurance certificate.

Ms Prendergast also argued that the defendant had not been driving the car on the public road and the defendant testified to this effect. He said that the car had been transported to the car park on a trailer, and thus it had not been driven on a public road.

Garda Philpott contended that the car’s engine was warm during his conversation with Mr Burke, but the defence asserted that this was because it had been removed from the transporter within the confines of the car park. Mr Willie Burke, the defendant’s father, testified that he had seen his son leave his yard with the car on a trailer hitched to a car being driven by his brother.

She added that the accused was, in fact, insured at the time of being charged, but on another vehicle. The insurance certificate was produced and the court dismissed all charges.


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