A Fianna Fáil councillor who falsely nominated another driver in a speeding case has had his one-year driving ban lifted on appeal.
Judge Tom O’Donnell made the decision at Ennis Circuit Court after hearing the ban could put Alan O’Callaghan’s fuel enterprise out of business.
O’Callaghan was excoriated at Ennis District Court last year by Judge Patrick Durcan, who said the accused had “wriggled like a worm at the end of a hook” and told “a pack of lies” concerning the case.
Judge Durcan said O’Callaghan (41) engaged in “a common scam” and showed nothing but contempt for the system when faced with a fixed-charge penalty notice prosecution.
O’Callaghan, (41), of Rosroe, Kilmurry, Sixmilebridge, afterwards said he “100 per cent absolutely denies” being involved in a scam.
In the case, O’Callaghan pleaded guilty to making a false nomination of a driver caught speeding when he was caught driving his 2006 BMW X5 at 75km/h in a 50km/h zone on June 1st, 2016.
‘Alarm bells’
O’Callaghan notified gardaí that “a Paul Roche from the Republic of Nigeria” was driving his car at the time.
Aisling Casey, for the State, told Ennis Circuit Court on Monday that this explanation “rang alarm bells” and the matter was investigated. The accused was interviewed by a garda and shown a blown-up photo of himself driving on the date in question.
Ms Casey said that O’Callaghan claimed that Mr Roche was sure that he was the driver and he gave O’Callaghan a copy of his driving licence for paying the fine.
Stiofán Fitzpatrick, solicitor for O’Callaghan, told the court that his client honestly believed at the time that Mr Roche was driving the car. He said O’Callaghan is a publican and also requires a licence for his fuel business.
Judge O’Donnell said he was lifting the driving ban given that O’Callaghan has no previous convictions and, when interviewed by gardaí, owned up.
Judge O’Donnell said a €750 fine related to the case would remain in place.
