“The onus is on him” and “Mr Murphy has fallen way short of that,” said Judge Kevin P Kilrane upon convicting Seamus Murphy of using marked oil at Annaduff, Carrick-on-Shannon on November 9, 2017.
Addressing the Court Mr Murphy, 2 Drumharlow, Shannon Court, Carrick-on-Shannon said he was stopped by a custom’s officer and told him he got diesel in a garage in Kells a few days earlier but couldn’t remember the name of the garage.
He said he rang the officer back a few days later with the name of the garage he had purchased the diesel in.
He added, “I had a previous conviction for green diesel 10 years ago, I got a hefty fine and I learned my lesson.”
When asked by defending solicitor Peter Collins if the garages he uses to purchase fuel would be reputable garages he replied, “I would go into any forecourt and get diesel.”
Under cross-examination from State Solicitor Noel Farrell, Mr Murphy was asked where the garage was he purchased the fuel, to which he replied Kells.
In reply Mr Farrell said, “But you told Gardaí it was Oldcastle.” Mr Murphy replied, “It was Oldcastle Kells.”
Continuing his cross-examination Mr Farrell stated, “They are two different places in Meath. Are you a bit forgetful?” In reply Mr Murphy said, “I wouldn’t know that area very well.”
Ruling against Mr Murphy, Judge Kilrane imposed a conviction and imposed a fine of €5,000 which he mitigated to €2,500.