A Dublin mother who was fined a total of £1,400 for not displaying a motor tax disc has taken a High Court challenge to a decision to renew warrants issued against her in 1993 and 1994, but which remained unexecuted until late last year.
Ms Philomena Andrews, of Coolkill, Sandyford, Dublin, was described by her counsel, Mr James Gilhooly SC, as a separated lady in fairly straitened circumstances.
Mr Gilhooley said his client had, admittedly, not turned up at the District Court hearing when the judge decided to renew the warrants. In such circumstances, he believed, a district judge would normally impose the maximum fine.
Mr Justice Smyth gave leave to seek a judicial review of a November 1998 decision of the President of the District Court, Judge Peter Smithwick, renewing seven original warrants which dated from 1993 and 1994.
In an affidavit, Ms Andrews said all the convictions related to the non-display of a motor taxation licence/disc on her vehicle. She had a number of previous convictions over the years and had paid all the fines.
She said the DPP, his servants or agents were at all times well aware of her availability for the original warrants to be executed. She had never attempted to evade execution of the warrants and was not responsible for the considerable delay in executing them.
In July 1998 a garda, whose duties included collecting fines, advised her to write to Judge Smithwick. She believed the judge had the power to waive or reduce the fines but she did not receive a response.
In March this year the garda said her application to Judge Smithwick had been unsuccessful and he was obliged to execute the warrants. She was not in a position to raise the amount in such a short time.