Decision to allow man who drove at 119 m.p.h. keep his licence criticised

A circuit Court decision to allow the appeal of a company director against a driving disqualification after he was caught doing…

A circuit Court decision to allow the appeal of a company director against a driving disqualification after he was caught doing 119 m.p.h in a 50 m.p.h. zone has been strongly criticised by road safety groups and politicians.

Mr Barry Delves (29), of Daly's Lane, Rush, Co Dublin, successfully appealed against a driving disqualification order handed down last year in the District Court when he pleaded guilty to dangerous driving. His excuse had been that he was late for his own birthday party. Pending the outcome of his appeal, Mr Delves had been able to continue driving.

Counsel for Mr Delves said he was the director of a photographic reproduction company and required his vehicle to commute and for professional activities.

Judge Elizabeth Dunne allowed the appeal but said the endorsement of his licence and £150 fine would remain.

READ MORE

The Fine Gael spokesman on justice, Mr Jim Higgins, said the ruling highlighted "the way in which the legal system has turned into a lottery, all depending on what judge you get".

He called for the urgent introduction of guidelines on sentencing, adding: "This kind of judgment sends out all the wrong signals and undermines the good work the gardai are doing to try and reduce the death toll on the roads."

Labour's justice spokesman, Mr Pat Upton, supported the call for co-ordinating courts statistics "to create a reasonable level of uniformity". He said judges should be allowed to use their discretion but not at the expense of consistency or fairness.

Mr Conor Faughnan, of the AA, said there was nowhere in the State "with the possible exception of Mondello Park" where 119 m.p.h. was a safe speed. He said a second's distraction to anyone driving at that speed would mean travelling blind for up to 150 feet.

He looked forward to the introduction of the proposed penalty points system, which involves mandatory licence endorsements for offences such as speeding, leading to eventual disqualification.

He said the system should help to encourage drivers and the courts to recognise that a car licence carries important obligations.

Ms Gertie Shields, of Mothers Against Drink Driving, said "far too often, justice is not being done or seen to be done. Anyone can make a case saying they needed their car for work, but that doesn't change the fact that if you are doing over twice the speed limit you are putting your own and other people's lives at risk".

She added: "Unless people on the bench take speeding seriously no one else is going to take it seriously."

In the Circuit Court, Mr Delves's barrister, Mr Tony Hunt, said he had disposed of his sportsmodel BMW, "which was capable of enormous speeds and has replaced it with an elderly Mercedes not capable of half the speed".

Removing the disqualification, Judge Dunne, said it was "difficult to see why somebody should be allowed to continue to drive having done what Mr Delves did." But she said "the incident did happen almost a year ago and he has not since come to the notice of the Garda and has downgraded his car".