NOEL BRETT was convicted of driving with out insurance, despite claiming that the only reason that he was being prosecuted was because the arresting Garda didn’t like him.
Mr Brett with an address at apartment 1 Larchfield Court, Block 5, Kilkenny was observed driving a blue Nissan by Garda Paul Kinsella on the 23 February 2009. The vehicle had turned into Garring Green where Garda Kinsella had lost sight of it. When Garda Kinsella found the blue Nissan again Mr Brett was walking away. Garda Kinsella asked Mr Brett to produce a drivers license. At this stage Mr Brett became agitated and told Garda Kinsella that he hadn’t been driving. Inspector Liam Connolly asked Garda Kinsella why he hadn’t consulted the owner of the blue Nissan, a James Pratt. Garda Kinsella said that Mr Brett was known to him and it was based on recognition.
Mr Brett took the stand and explained to the judge that he had not been driving the car. He said that it had been a coincidence that he was within 50 metres of the car when Garda Kinsella arrived. According to Mr Brett he had been returning from shopping at the Eurospar when a female Garda had approached him and asked him if he was driving. While explaining that he hadn’t been driving. Mr Brett said “next thing a patrol car came screaming in beside me and Garda Kinsella started screaming at me.”
Judge Anderson asked Mr Brett if he had held a drivers license in 2009. Mr Brett said he hadn’t but admitted he had been “known to drive at the time.”
Mr Brett said that Garda Kinsella wanted to see him convicted because he doesn’t like him. He said “He doesn’t like me very much. He doesn’t like me because I swore at him in the past.”
Judge Anderson concluded that it wasn’t reasonable to assume that the Nissan near Mr Brett was when he was stopped was a different car to the one Garda Kinsella had seen driving.
Mr Brett was fined 750 euro and disqualified for 4 years under section 69 of the Road Traffic Act.
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