In the latest legal challenge to the use of hand-held speed detectors, a District Court Judge in Co Mayo has dismissed several speeding cases over the lack of a permanent record available from the radar guns used by Garda.
Judge Mary Devins dismissed eight cases relating to speeding offences in Swinford District Court last Friday, ruling that the operation of a particular type of speed detector, the hand-held Speedscope device, might not have been strictly provided for in law.
The Speedscope displays the speed reading on a small screen. However, the reading is only a temporary record and disappears from the screen after a few minutes.
Defence solicitor, Mr Evan O'Dwyer, submitted to the court that there was no statutory definition of the use of the word "record" in the relevant legislation, the Road Traffic Act 2002. As such he submitted that a record should be permanent.
Prosecutor, Insp Tom Fitzmaurice had argued that the machine produces a temporary reading on its screen which is shown to the motorist. That reading is then transcribed onto a fixed charge notice which is presented to the driver as a record of the alleged speed.
However, Judge Devins said this was not an acceptable method of recording the speed. She said that, in the absence of any statutory definition, she had consulted several dictionaries for the definition of the word "record" and found the common element to all definitions was "preservation". In a long and detailed judgment she then dismissed the case before her and seven others.
The decision follows several previous challenges to the lack of permanent record from the speed guns.
The apparent loophole first came to light when Cork District Court Judge Con O'Leary accepted an argument that the Garda was obliged give a print-out reading from radar guns used to detect speed.
The Director of Public Prosecutions said yesterday he is examining the outcome of Judge Devins' decision and other cases with a view to considering what further action may need to be taken.
According to a garda spokesman yesterday, 400 Speedscope radar guns are in use in at present.
Following the case, Garda in the Western Division have said they will continue to use the Speedscope speed gun.