Judge Sandra Murphy
A County Leitrim resident who is facing a careless driving matter had his case put back after his solicitor made a successful legal submission to Ballyshannon District Court.
Aaron Nealis (35), Duncarbery Heights, Tullaghan is charged with careless driving at Main Street, Bundoran on November 9, 2020.
The defendant was sitting at the back of the court waiting for his case to be called when prosecuting Inspector Seamus McGonigle told the court that he had a suspicion that the defendant might be recording the proceedings on his mobile phone.
The Inspector said he could see the defendant in the glass panel in front of the judge’s seat.
Inspector McGonigle asked if the defendant was recording proceedings and was told that this was not the case.
Judge Sandra Murphy also asked if the defendant was recording the proceedings.
A garda in the body of the court was asked to check the defendant’s phone.
It was found that the proceedings were not being recorded.
When the case was called some minutes later, solicitor Mr MacSharry submitted that the case could not go ahead in the interests of justice and of his client getting a fair hearing.
Mr MacSharry said that Inspector McGonigle had already expressed a suspicion about his client even before the case began.
Mr MacSharry asked that the Inspector remove himself from the case and that a new hearing date be set.
Inspector McGonigle said he was removing himself from the case.
Judge Sandra Murphy said that she too was removing herself from the case.
The case was put back to April 1 for mention to get another judge to hear the case.
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