A full-time carer has successfully appealed against a speeding conviction after arguing the State did not prove beyond a reasonable doubt that he was driving the vehicle at the time.
Derek Monaghan, St Attracta Road, Cabra, Dublin 7, told Limerick Circuit Court he did not know if he had been driving a hired van that was clocked by gardaí, using a mobile speed detection camera, travelling at 74kph in a 50kph zone at Moan, Oola, Co Limerick, on December 3rd, 2015.
Mr Monaghan was served with a fixed penalty notice on February 3rd, 2016, after being “nominated” by a staff member at the vehicle-hire firm as the registered driver. He was convicted and fined €100 in his absence at Limerick District Court eight months later .
During his appeal hearing on Wednesday, Mr Monaghan’s council said it was “hearsay” to nominate Mr Monaghan as the driver of the van at the time. Mr Monaghan told the court he was not the only registered driver of the vehicle.
The court heard he was employed at the time as a driver for CHC Ireland, which provides search and rescue services for the Irish Coast Guard.
Judge Tom O’Donnell allowed the appeal. “I have to have a slight doubt and I have to give the benefit of the doubt to the appellant.”