Over 70 speeding cases were struck out at yesterday’s (Tuesday, January 27) sitting of Carrick-on-Shannon District Court following a recent High Court ruling which ruled that evidence must be provided that not just a summons was served on each defendant, but also that they received a photograph of the detection.
Judge Kevin P. Kilrane said that he had no option but to strike out the cases without prejudice as garda witnesses and Go Safe employees could not provide any evidence that the images of the vehicles at the centre of the speeding fines had also been served on each defendant.
Inspector Ray Mulderrig asked that the garda cases be adjourned to allow him to get advice on the matter, however Judge Kilrane said he was not in favour of this.
During cross examination of one of the gardai bringing forward a prosecution, Judge Kilrane asked whether (the garda) had any proof that the photograph of the vehicle involved was served on the defendant in question with the summons.
“We don’t see the summonses, they just go out,” replied the garda.
Judge Kilrane asked Inspector Mulderrig what the gardai planned to do to ensure that this problem would not impact future prosecutions.
“I’m sure it’s possible to make a single transfer declaration form,” suggested Judge Kilrane, “Perhaps to put an additional sentence covering the serving of the summons and the photo, that probably is the simplest way of proving it.”
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