“Absolutely outrageous” that Judge’s hands are tied on level of fine says solicitor

A solicitor criticised the level of fine that must be imposed on a person convicted of keeping marked mineral oil in their vehicle.

Addressing Judge Sandra Murphy at Carrick-on- Shannon District Court, solicitor, John McNulty described it as “a very harsh situation that you are obliged to impose such a level of fine which would be unheard of in much more serious cases such as drink driving.”

Mr McNulty was speaking in a case involving Patrick Lakes, Attymanus, Kilnagross, Carrick-on- Shannon who pleaded guilty to the offence after he was stopped at a multi-agency checkpoint at Mohill on March 2, 2020.

Mr Lakes had been detected driving a vehicle with marked mineral oil and made full admissions to Revenue.

The court heard Mr Lakes was willing to pay a compromise figure indicated to him but ultimately wasn't able to. He engaged with Revenue throughout the process and cooperated fully. He had no previous convictions.

Mr McNulty said Mr Lakes is 44 and married with three children. He was stuck and put in half a drum of green diesel into his vehicle.

He said Mr Lakes suffers from a serious medical condition, epilepsy, and will not be driving again for the foreseeable future.

Mr Lakes is on social welfare and his wife works in an off licence.

The fine on conviction for the offence is €5,000 which can be mitigated down to €2,500 but no further.

Mr McNulty then said to the judge it was “absolutely outrageous” that her hands were tied by the legislation in this regard.

Judge Murphy agreed that her hands were tied and she convicted Mr Lakes of the offence and fined him €2,500, allowing him six months to pay.

Judge Murphy described it as “very draconian legislation in terms of a fine”, particularly in once off case such as this.

A certificate of legal aid was granted.

Noel Farrell, State Solicitor appeared