Garda trial hears of why penalty points may be cancelled

The trial of a retired garda superintendent and four gardaí accused of intervening in potential or pending road traffic prosecutions has heard evidence from a superintendent whose role was to legitimately cancel fixed charge penalty notices after considering motorists' appeals.

All five defendants have pleaded not guilty to a total of 39 offences of engaging in conduct tending and intended to pervert the course of justice contrary to common law on dates between October 2016 and September 2019.

They are retired superintendent Eamon O'Neill; serving Sergeants Michelle Leahy and Anne-Marie Hassett; Garda Tom McGlinchey and Garda Colm Geary, all within the Limerick and Clare garda divisions.

Superintendent Bláithín Moran, of the Garda Roads Policing Bureau, told Limerick Circuit Court that the cancelling authority, based in Thurles, Co Tipperary, is presented with a multiplicity of reasons why a motorist would apply to have a fixed charge penalty notice (FCPN) cancelled.

The court heard that if a doctor applied to have a notice for speeding quashed because they were responding to an emergency medical situation at the time of the alleged offence, then that appeal would be considered.

However, if a motorist applied to have a notice for speeding cancelled because they were travelling to a medical appointment, then that would not be considered grounds for cancelling the FCPN, the court was told.

A sudden death may also be considered an exceptional circumstance and grounds to cancel an FCPN, the court heard, but a motorist speeding to attend a funeral would not.

Supt Moran told the trial that there are an infinite number of reasons and excuses as to why people would apply to have FCPNs cancelled.

She said she would travel to the authority in Thurles every fortnight to examine the notices and determine the outcome of the appeals process.

Under cross-examination, Supt Moran agreed with Felix McEnroy SC for the defence that a district court judge may take a decision to strike out a list of road traffic summonses if a garda witness did not show up.

"Some judges might take that view, yes," Supt Moran said.

Sergeant Kevin McCahey, from the FCPN enforcement unit, told the court he was asked to provide information to the Garda National Bureau of Criminal Investigation in respect of notices issued to motorists as part of the garda investigation.

Sgt McCahey agreed under cross examination that an FCPN is an allocation of a notice of an alleged offence and that it does not prove an offence has occurred.

He agreed with James O’Mahony, senior counsel for Sgt Hassett, that it is "not unusual" for people to approach their local garda and look for advice on what to do upon receiving an FCPN in the post. He said the person could also contact the FCPN cancelling authority and query it.

Mr McEnroy SC, on behalf of Eamon O'Neill, asked Sgt McCahey if he had ever not followed the instructions of his superior officers. He said he had never questioned the instructions he received and had always considered them to be proper instructions.

Under re-examination, Sgt McCahey was asked by senior prosecution counsel Carl Hanahoe what he would do if he received improper instructions from superior officers.

"If somebody asked me to do something untoward, I wouldn’t do it," he replied. "I took an oath to do my duty without fear or favour, malice or ill will."

Mr Hanahoe asked what Sgt McCahey would do in the event of an FCPN query coming across his desk in respect of a person he knew personally. The witness said he would give it to a colleague to investigate.

The trial is being heard before Judge Roderick Maguire.