A GARDA at a checkpoint in Brinny told a court he didn’t get the chance to give a Bandon motorist his driving licence back as he drove off before he could do so.
Colman O’Mahony of Crossmahon, Bandon appeared at Bandon Court for the non-payment of a fixed charged notice for not having a valid NCT when stopped by Gda Eoghan O’Reilly at 10.20am on June 11th last on the R589 at Brinny.
‘I stopped a black Audi A6 and saw that the NCT has expired since March 22nd and I issued a fixed charged notice which wasn’t paid,’ said Gda O’Reilly.
‘When I told him about the fixed charged notice he said “fair play Garda, for what?” in a sarcastic manner. I didn’t get a chance to hand back his driving licence as he drove off. I later sent it to him by registered post.’
Mr O’Mahony, who wasn’t legally represented, told Judge James McNulty that he did apply for a cancellation appointment with the NCT the following morning and got an earlier appointment for September, which was eight weeks earlier than his original NCT appointment.
He admitted that he did not have a NCT on the day but added that thousands of cars aren’t NCT tested due to the backlog.
Judge James McNulty told him that if he had a solicitor they would have explained all this to him.
‘Why didn’t you pay the fixed charged notice? ’asked the judge.
Mr O’Mahony said he felt ‘so strong’ about it that he didn’t pay the fine, which led to a summons being issued to appear in court.
Judge McNulty reminded him that had he paid the fixed charged notice he would only have got three penalty points on his driving licence and that his ‘hands are tied now’ and he will receive five penalty points.
‘It’s a penalty point offence and I can’t apply the probation act,’ Judge McNulty said.
He convicted and fined him €100 which was paid into court.
