‘Anxious to get to a toilet’ - Kilkenny man's excuse to garda for dangerous driving

The driver of a jeep that ‘took off at speed’ when he noticed a garda vehicle behind him has been convicted of dangerous driving, driving without insurance and driving without a licence at Kilkenny District Court.

Anthony Mullins, Canterbrook Stud, Duninga, Goresbridge, represented himself in court and initially applied for an adjournment based on a constitutional matter being brought before the High Court.

The case went ahead when the Kilkenny judge could not establish that the matter affected these charges.

Garda Damian Rafter gave evidence that on February 26, 2025, he was on patrol in the Gowran area, at approximately 9.40am, when the garda ANPR device alerted for no insurance on the registration of a passing vehicle, a LandRover Discovery.

The garda turned to follow the vehicle and as soon as he did so Garda Rafter observed the driver of the other vehicle “take off at speed in what I can only assume was an effort to evade the garda car.”

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The LandRover turned down the Bennettsbridge Road. Having come from that direction Garda Rafter knew there was an elderly man collecting rubbish on the side of the road, so he turned on the patrol car lights and sirens to alert him vehicles were approaching.

The speed limit on the road is 80kph. Garda Rafter said he was travelling in excess of 100kph to match the speed of the other vehicle.

Failed to stop
The LandRover failed to stop and only slowed to turn left into a stable yard.
When the garda became aware of many pedestrians and horses in the yard he shut off the lights and siren. He said the LandRover was being driven at excessive speed given the people present. It drove around a number of vehicles and stopped at a shed. The driver jumped out of the vehicle and ran into the shed.

Garda Rafter pursued the man but could see no sign of him. He asked six or seven men working in the shed who the other man was and was told they didn’t know.
In response to a query about the owner of the vehicle one man said ‘It’s Anthony’s’.

The garda went back to the LandRover and searched it. He found a mobile phone and making calls from it he established it belonged to Mr Mullins.

Garda Rafter was satisfied Mr Mullins was disqualified at the time and the vehicle was seized.
Approximately an hour later the tow truck arrived. Garda Rafter said Mr Mullins “then reappeared as it was being loaded on to the truck and wanted to know why the vehicle was being taken.”
He was told it was being seized under Section 41 of the Road Traffic Act for lack of insurance.
Mr Mullins denied he was disqualified. He was arrested.

Mr Mullins told the garda the reason he ran from the vehicle was because he was unwell and anxious to get to a toilet.
disqualified

The garda said he was shown an insurance policy but it was not valid as Mr Mullins was disqualified from driving.

Judge Geraldine Carthy convicted Mr Mullins on all three charges.
For driving without insurance he was fined €750 and disqualified from driving for four years.

A sentence of two years disqualification and a fine of €1,000 was imposed for dangerous driving, and the charge of driving without a licence was marked convicted and taken into consideration.