THE owner of a motor van that was parked in a scenic spot in Schull was prosecuted for having no insurance, however, the charge was dropped after it was revealed that no garda actually saw the van being driven onto the pier.
Solicitor Flor Murphy appeared at Bantry District Court on behalf of the accused, Douglas Stewart of Alder, Toormore, Schull.
Mr Murphy indicated there was a bit of a plea in the case, but Judge John King inferred from the solicitor’s opening remarks that the story had ‘legs.’
Court presenter Sgt Trish O’Sullivan told the judge that Gda Carina Finn saw the vehicle parked at The Pier in Schull.
At 9.55am the following morning, which was June 9th, the garda knocked on the door and had a conversation with Douglas Stewart, who admitted the vehicle was not insured.
Mr Murphy suggested the prosecution could have a difficulty in proving their case because the garda didn’t see the accused drive onto the pier, and there also was an error with the date of the alleged offence.
The solicitor said he did not want to mislead the court, and admitted that his client had indeed slept in the van overnight.
Judge King acknowledged that there would be no garda case with the accused’s own admission of having no insurance, and also observed that no evidence was presented of a caution having been administered to the accused, and ultimately struck out the charge.
