Kerry man convicted for refusing to cooperate with 'repugnant' Covid law
A 54-year-old Kerryman described the public health law on Covid-19 as 'repugnant' and was difficult and uncooperative with gardaí at a checkpoint, a court has been told. File picture: Denis Minihane
A 54-year-old Kerry man described the public health law on Covid-19 as “repugnant” and was difficult and uncooperative with gardaí at a checkpoint, a court has been told.
He also appeared to doubt the seriousness of the Covid pandemic when stopped while driving beyond the 5km travel limit that was in place at the time.
Gardaí on the N22 near Killarney spent 20 minutes trying to encourage Danny Lane from Castleisland to provide a reasonable explanation for his journey, or return home, before they felt they had no choice but to arrest him, Killarney District Court heard.
Mr Lane of Hogans Lane, Castleisland, would not explain the purpose of his journey and repeatedly told Garda Fiona Reidy and Garda Edmund Walsh he was going on “private family business” when they stopped his motor vehicle at 10.35am at Lissivigeen, on March 6 last.
Several documents, involving various statutory instruments in force, were handed to the court at the start of the proceedings by Inspector Garda Gary Carroll.
A nine-minute video clip of Mr Lane’s encounter with gardaí at the checkpoint had been posted on social media and widely shared. Gardaí downloaded this as evidence to the court in Killarney.
When asked for his address, Lane at first replied he was from Eire, then added, ”Eire and its islands and seas”, before eventually disclosing it was Castleisland.
At the time, national health regulations said people should not travel without reasonable excuse beyond a 5km limit, the court heard.
“The Garda policy is to explain regulations and encourage people to come into compliance and as a last resort enforce the law,” Gda Reidy said when asked by Insp Carroll to outline the Garda policy.
“Truly it was a last resort,” she said of arresting Mr Lane, adding she read him all the reasonable excuses there might be under the regulations, and he refused to explain.
At one point, he said he was visiting his daughter but did not elaborate.
“It came down to the fact he did not want to engage,” Gda Reidy said.
Gda Edmund Walsh said the Lissivigeen checkpoint was 25km from Castleisland and Mr Lane was completely uncooperative.
He and Gda Reidy had been manning the checkpoint since 7am and everyone else had been cooperative and polite.
The judge noted that in the video clip Lane remarked to gardaí they were enforcing a "repugnant law".
Lane pleaded not guilty to the charge of not complying with the directions of a garda contrary to section 31 of the Health Act 1947.
He told his solicitor Brendan Ahern he was on his was way to his daughter in Blarney, who was a teacher, to help her move apartment.
sShe had had an accident, injuring her ankle and shin and was returning to work after more than five months.
“You don’t believe in the pandemic?” Judge Waters asked him, and Mr Lane replied: “What I said was I didn’t witness it.”
Friends uploaded the clip onto social media and he lost his job as a carer as a result, the court heard.
Judge Waters convicted Mr Lane and fined him €250, fixing recognizances in the event of an appeal. Judge Waters refused the application for legal aid.
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