Senior traffic garda had no car tax or NCT cert

It was shocking to say the least that the most experienced member of the Garda Traffic Corps in Limerick was driving his own private car to work without tax and up-to-date NCT cert, a judge said yesterday.

Judge Eugene O’Kelly remarked that Garda Michael O’Shaughnessy was before him at Limerick District Court over offences for which O’Shaughnessy had prosecuted hundreds of motorists in his line of duty.

O’Shaughnessy, of Kiltiernan Cross, Croagh, Co Limerick, was found guilty of two offences of driving without tax, having no tax disc displayed, and not having an up-to-date NCT cert. He denied all the charges.

Judge O’Kelly said: “Gardaí cannot expect they are above the law and will not be treated above the law, and the State is entitled to receive car tax revenue from gardaí as from anybody else and makes no distinctions.”

Insp Paul Reidy, head of the Limerick traffic corps, said he investigated complaints relating to the use of a car park near Henry St station. The car park was for gardaí only.

During the investigation he saw O’Shaughnessy driving in and out on May 9 and May 31, 2011

On checking his car, Insp Reidy found the tax was out, there was no tax disc and there was no NCT cert.

The loss of revenue to the State over the non-payment of the tax was €64.

On one of the two dates, a second car registered to O’Shaughnessy was in the car park. In reply to Dan O’Gorman, defending, Insp Reidy said he suspected it belonged to O’Shaughnessy’s wife, who worked in Limerick.

Insp Reidy denied Mr O’Gorman’s suggestion that the case stemmed from difficulties between members of the traffic corps and Garda management at the station over allowances.

O’Shaughnessy, in evidence, said he kept a diary and denied he was in the car park on May 9 at a time stated by Insp Reidy. He said on the date in question, he was never in the car park as he was off duty.

In reply to Michael Murray, state solicitor, he said the inspector was “mistaken” in his evidence. Asked by Mr Murray if it was possible he came into town on a day off, he said when he was off he did not want to spend time in the city or in his work space.

Judge O’Kelly said O’Shaughnessy could not claim any mitigating factors, having fought the case, but the consequences of a road traffic conviction for him would be far greater than for any civilian motorist.

He said he would adjourn the matter until Oct 31 to allow O’Shaughnessy to pay €3,500 to St Vincent de Paul.

Judge O’Kelly gave him six weeks to find the money, adding: “It appears your client’s spouse is working and your client’s financial circumstances are significantly better than a lot of persons who find themselves before the courts for not paying their car tax.”