A former TD worker wins the call for dangerous driving and lifts the driving ban for two years

Former TD Labor Minister Michael McNamara won his appeal against a conviction for dangerous driving the same night he was sprayed with pepper by a Garda.

At Ennis Circuit Court, Judge Gerald Keys stated that he had "reasonable doubt" over the case against Mr. McNamara after stating that he could not consider speed or conduct conducted by Mr. McNamara (44 years old) as dangerous.

Justice Keys testified that the expert evidence presented to the court on behalf of Mr. McNamara had shown that he could not go at high speed in the bends in question "because he could not have been to cross these bends at high speed.

The decision of Keys J. quashes Judge John King's conviction of the dangerous driving of Mr. McNamara in the District Court in January, with an automatic two-year ban.

Mr. McNamara did not spend time off the road as the case is on appeal.

Before the District Court, Judge King dismissed the prosecution 's prosecution charge of having blocked a Garda in the performance of his duties the same day outside his home, after being chased by a car from the Garda.

Michael McNamara told the District Court that he was "completely and completely shocked" when Garda sprayed pepper on his face outside his home in December 2016.

In the course of the appeal against the charge of dangerous driving, Mr. McNamara told the court that it was "incorrect" to say that his conduct was dangerous. the night.

He said: "I have been driving on this road since I was 17 and I do not think you can take those turns at more than 50 km / h."

Mr. McNamara was traveling 1.1 km from Scarriff to his home in Tobernagath, Scarriff, at 10:05 am on December 10, 2016.

Under cross-examination by Martin Linnane, state prosecutor, McNamara said he had not heard the Garda car's siren in pursuit because he was playing a "Oliver" CD loud enough.

Mr McNamara stated that he was listening to the CD while he was trying to learn the aftershocks because he was participating a little in the musical Oliver.

Mr. McNamara said it was not safe to stop on the road for the Garda car before moving to his home in Tobernagath.

As evidence, Garda Darren McLoughlin told the court that in the 80 km / h zone leading to Scarriff, he was traveling 100 km / h to follow Mr. McNamara's car.

He said that in the bends that followed during the pursuit on the narrow road, "at any time, I had a lot of trouble keeping control of the car turning at the turn."

Garda McLoughlin said he did not know how fast Mr. McNamara was heading for the turns, "but I had a lot of trouble keeping control of the patrol car."

Justice Keys stated that his decision in the case was not a criticism of Garda McLoughlin, stating that Garda McLoughlin was performing his duties at night.

In the case, Mr. McNamara retained a strong three-member legal team, led by David Sutton SC, with the support of an expert witness.

The expert witness who appeared on behalf of Mr. McNamara, consulting engineer, Gerald O. Keeffe, told the court that he had examined the road and found that, if you did not go at the speed or less that he had driven in turns, you would go out of the way.

Mr. O'Keeffe stated that you could ride at the first turn at 69 km / h.

Mr. O'Keeffe stated that in the second corner, "I had to go down at 40 km / h, otherwise I would have lost control in the ditch on the other side".

Mr. O'Keeffe stated that in another corner, you could not drive more than 55 km / h and that in other turns, you would slow down to 40 km / h and 60 km / h.