Former TD Laborer Wins Call Against Dangerous Driving

Former TD Laborer, Michael McNamara, was successful in appealing a conviction for dangerous driving against him the same day he had been sprayed with pepper by a guardian.

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

Mr. McNamara was driving at 10:05 am on December 10, 2016 a distance of 1.1 km between Scarriff and his home in Tobernagath, Scarriff, Co Clare.

During cross-examination of Advocate General Martin Linnane, Mr. McNamara stated that he had not heard the siren of the Garda car because he was playing a loud enough CD of & # 39; ; Oliver & # 39 ;.

The judge said the expert evidence presented to the court on behalf of Mr. McNamara showed that he could not go at high speeds in the bends in question "because he would not have gone through these high speed turns ".

Keys J.'s decision overturned Mr. McNamara's conviction for the dangerous conduct of Mr. McNamara in the District Court in January, coupled with an automatic two-year ban.

Mr. McNamara was able to continue driving because the case was on appeal.

In the District Court, Judge King denied the prosecution 's prosecution charge of having blocked a garda in the performance of his duties on the same day at the same time. outside his home, after being chased to his home by a garda car. Mr. McNamara testified in the District Court that he was "completely and completely shocked" when he was sprayed with pepper by a garda in front of his home in December 2016.

As for the appeal against the charge of dangerous driving, he told the court that it was "incorrect" to say that his driving was dangerous at night.

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

Irish independent