TD could use Constitution to avoid prosecution

DISGRACED Fianna Fáil TD GV Wright, who admitted knocking down a pedestrian while drink driving, could have used a constitutional privilege for TDs and Senators to avoid prosecution.

Article 15.1.3 of the Constitution states TDs and Senators should be privileged from arrest when going to, returning from, or being within the precincts of the Oireachtas. This exemption does not apply to treason, a felony or a breach of the peace.

Mr Wright left the Dáil bar on the evening of Thursday, September 18, and collided with a female pedestrian while driving home. The victim suffered leg injuries. He failed a breath test on the night, and was arrested on Saturday last.

In 1989, a Tipperary senator and former TD Seán McCarthy invoked Article 15.1.3 to defend a charge arising from his arrest under the Road Traffic Act. The DPP subsequently decided not to proceed with the case. No reason was given then or subsequently for his decision.

Fianna Fáil sources last night said they had received commitments from Mr Wright that he would not seek to invoke the special privilege of a TD, and would co-operate fully with the due process of the law.

Mr Wright will now be summonsed to face conviction within six months. If convicted he could face a fine of 1,200 and/or six months in prison in addition to possible penalties relating to any injury caused.

There were calls for Mr Wright to resign last night. One of his constituents, whose daughter was killed by a drunk driver, said Mr Wright’s position was untenable.

Mothers Against Drink Driving founder Gertie Shields, whose daughter was killed 20 years ago, said she was disgusted a public representative would act so irresponsibly.

“My immediate reaction was one of disgust and disappointment that somebody who actually represents me would do something like that. I really think his position as a TD is untenable at this point. He’s up there as part of the law making process and he was drink driving,” Mrs Shields said.