Judge says speeding fines system is ‘daft and unreal’

Red tape, over a missing ‘o’ in the name O’Donovan, has led a judge to describe the speeding prosecution system as “totally daft, unreal and unbearable”.

Judge Patrick Durcan launched a scathing attack on the enforcement system against speeding motorists when he heard that the Garda Fixed Charge Processing Unit in Thurles would not accept a cheque from a John O’Donovan over the unit’s own mis-spelling of the surname.

Solicitor for Mr O’Donovan, Daragh Hassett told Ennis District Court: “Mr O’Donovan’s name had been spelt D-o-n-o-v-a-n and, unfortunately, the Fixed Charged Processing Unit had spelt the name D-o-n-a-v-a-n.

“As a result, it wouldn’t accept the cheque paid by Mr O’Donovan with the correct spelling of his own name and a court summons issued.”

Dismissing the case, Judge Durcan said: “This is totally daft.”

In what may have been a veiled swipe at former Road Safety Authority chairman Gay Byrne, Judge Durcan said: “The leaders in this country, particularly people who were formerly involved with the RSA criticising judges with regularity and yet their own organisations, their own system is of such a nature to be so unfriendly to the citizens who are subject to them.”

In the case, Mr O’Donovan of Mourland Estate, Carrigaline, Co Cork was detected speeding at 136kph in a 120km zone at Crusheen on July 7 last. Addressing Mr O’Donovan, the judge said: “Mr O’Donovan, I am really sorry that you have been subjected to this inefficiency and I want to compliment you, as a decent citizen, for travelling up from Carrigaline, Co Cork to deal with this matter.”

Judge Durcan dismissed a separate speeding summons against a 75-year-old Tipperary man after hearing the Fixed Charge Processing Unit wouldn’t accept his late cheque for speeding — even after he drove to the unit’s building in Thurles to hand over the cheque.

The court was told that Michael Lavin of Old Spa Rd, Clonmel was detected speeding at 135kph in a 120km zone at Ballyduff, Barefield, Ennis on August 4 last.

In sworn evidence, Mr Lavin said he had been late in sending through the cheque on two occasions and, with the return of the second cheque, he drove to Thurles to personally hand over the cheque.

Mr Lavin told the court the office wasn’t open to the public and he had to phone from outside the front door and speak to someone inside.

He said: “I had a nice chat with a lady inside explaining that I wanted to pay the cheque as I didn’t want to go to court and she told me that she had no choice in issuing the summons.”

Judge Durcan said that Mr Lavin is a man of 75 years of age. “He made every effort in this case to comply and this is what happened”.