independent

Monday 11 December 2017

Beach motorcyclist had no insurance

A SOLICITOR was unable to get a case adjourned last week when Rosslare Sergeant John O'Carroll informed the court that he was in the courthouse at Ardcavan on overtime – and only for that particular case.

Eva Lalor was representing Philip Sutton of Airdownes Great, Broadway, who faced a number of charges arising out of his use of an uninsured, unregistered motorcycle at St Margaret's, Broadway, on January 13, 2009.

Noting that her client was not in court, Ms Lalor sought an adjournment. However, Sgt O'Carroll told Judge Donnchadh O Buachalla he was costing the State money as he was there on overtime to give his evidence.

'I can't really argue with that,' said Ms Lalor. 'Not successfully anyway,' noted Judge O Buachalla.

The sergeant, giving his evidence, said he received a report of two motorcycles driving a circuit from St Margaret's to Airdownes.

He found Sutton in the lane at St Margaret's, by the beach, pushing his motorbike. The engine was running.

Sgt O Carroll said it was a sandy area and Sutton would have not been able to drive through it.

The motorbike was not registered,

no identification plates and Sutton had no insurance for it, while he was also without a crash helmet.

Ms Lalor questioned whether the lane was in fact a public place.

Sgt O'Carroll said it was the lane from the caravan park in Carne to the beach and a public place.

'He didn't admit to driving on the road, but said he was driving on the beach, which is also a public place,' said Sgt O'Carroll.

The Sergeant noted that the spot he found Sutton was also over a mile from his home and he suspected that the defendant had not pushed the motorcycle from there to the beach.

Ms Lalor said her client is in his twenties and from 'a difficult background'. She said he and his partner are due to have a child shortly.

'It was a very old bike. I seized it and he didn't look for the recovery of it,' said Sgt O'Carroll.

Judge O Buachalla convicted Sutton of driving without insurance and fined him €1,000. He also disqualified him from driving for one year.

Recognisances were fixed in the event of an appeal, which will require an independent surety of €1,600, with a cash element of €700.

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