Loophole saw disqualified driver granted new licence

A man has been banned from driving for 20 years after he drove dangerously from Cork to Clonakilty in the early morning, crashing into a Garda car, repeatedly failing to stop for police, and only finally coming to a halt when gardaí employed a stinger which burst the tyres on his vehicle.

The case also highlighted a legal loophole after it emerged that, despite being disqualified from driving following the incident, the man was able to reapply for a new licence within eight weeks having been granted a certificate of fitness to drive from a GP.

Clonakilty District Court heard that neither the court which had overseen the initial driving ban handed down in October last year nor the gardaí, who sought it, had been informed by the National Driver Licence Service (NDLS) it was granting the man a new one-year licence.

The court heard Timothy Buckley, of 11 Clogheen Retirement Village, Clonakilty, Co Cork, had received a special disqualification under Section 28 of the Road Traffic Act at Bandon District Court last year, arising out of the incident on September 21, 2014.

At 6am, gardaí in Bandon were notified a car was driving dangerously and was failing to stop for gardaí, the district court in Clonakilty was told. The vehicle had driven from Bishopstown and was involved in “several incidents of dangerous driving” before it was stopped by the stinger on the western side of Clonakilty. In Bishopstown, in Cork City, it had been involved in a collision with a Garda car, causing criminal damage, but drove on.

Incidents of dangerous driving were witnessed by gardaí at Ballinhassig where, on a number of occasions, the car drove down the centre line and swerved left and right, causing other motorists to take evasive action, and later again in Innishannon. The court heard, that before the incident, Buckley had been treated under the Mental Health Act in Bantry Hospital.

The court was told he previously lived in Kilmurry, had health issues and a “severe” bi-polar diagnosis, bringing on pronounced highs and lows and requiring heavy medication. He had also previously come to Garda attention for dangerous driving earlier in 2014.

The special disqualification order was made on October 2 last year, with the charges including those of dangerous driving against Buckley adjourned, but with liberty to re-enter.

Buckley’s solicitor, Patrick Goold, told the court that within eight weeks of the disqualification in the court in Bandon, Buckley had submitted his old licence to the NDLS, along with a certificate of fitness to drive from a GP. Mr Goold said he had, on his client’s behalf, made the NDLS aware at the time that Buckley had been the subject of a special disqualification, but he was still granted a new licence for one year.

Gardaí were not notified of the granting of the new licence and Judge James McNulty, who was hearing the case, said: “In the legislation that established them [NDLS] they can, or do, give back licences to people who have been specially disqualified, but gardaí who sought the disqualification and the court that made the disqualification are not notified.”

Prosecuting Garda Insp Fergal Foley said this was correct. Mr Goold said “it sounds amazing”, later referring to the situation as “a lacuna”. It emerge Buckley had been stopped at routine Garda road checks three times earlier this year and had his valid licence on him on all three occasions.

Insp Foley said the initial disqualification order was “quite correct” but that by availing of the loophole Buckley was “out the gap — literally”.

Judge McNulty said “it is a gap” and queried whether this was a problem that could be replicated nationwide, to which Insp Foley agreed.

Buckley was convicted on five charges, including of dangerous driving near Innishannon and also at Gaggin, Bandon; of failing to stop for gardaí on the same date near Clonakilty; and causing criminal damage to a Garda vehicle in Bishopstown. He received €500 in fines with a year to pay and was banned from driving for 20 years.