A garda who admitted using a motor tax disc which belonged to a Garda vehicle on his own car had theft and fraud charges dismissed yesterday.
However, the 44-year-old, who appeared at Dublin District Court, received a €500 fine for the less serious offence of not having his car taxed.
Tallaght-based Garda Damien Dempsey had been before Judge Hugh O’Donnell earlier on charges of stealing a motor tax disc from his superior’s office, fraudulently using it on his own car and not having motor insurance.
However, Judge O’Donnell had compared the possibility of Garda Dempsey having to face internal disciplinary proceedings to “double jeopardy”. He had asked for and failed to get an undertaking from gardaí that the officer would not face separate disciplinary proceedings.
Yesterday, the court heard Garda Dempsey could lose his job.
Dismissed charges
The judge fined him for not having his car taxed and a charge for non-display of a tax disc was taken into consideration. He dismissed the remaining charges of fraudulent use of a tax disc, theft and not having his car insured.
The judge held there was no evidence that Garda Dempsey had intended to permanently deprive anyone of the tax disc and he also said that there was no evidence of a demand being made for him to produce his insurance certificate.
The garda, who has more than 20 years’ service, had admitted not having his 01-reg Lexus car taxed. However, he had pleaded not guilty to not having motor insurance, fraudulently using the tax disc on his vehicle on April 23rd last and theft of the disc between July 12th, 2012, and April 23rd this year. He was found guilty by Judge O’Donnell following a hearing on September 30th last.
At a subsequent hearing, Judge O'Donnell said it would be "inherently unfair and unjust" if Garda Dempsey were to face internal disciplinary proceedings and had compared it to "double jeopardy".
Broken marriage
The court had heard the tax disc was meant for an official Garda motorcycle and had been kept in the office of Sgt Ronan Lawlor. But it went missing in July 2012 and an investigation was launched when it was found in a bin at the station last April.
Garda Dempsey had worked in the drugs area of community policing in Tallaght, the court heard.
He had told the court his marriage had broken down three years ago and he was left paying a mortgage and other loans – totalling €2,500 a month – on his own.
He had been unable to get rid of his car and said it was parked at all times at the Plaza complex car park in Tallaght.
“Word got out there was going to be spot checks. I did not have money for it, barely have the money to feed myself,” he said. He took the disc from his sergeant’s office when the tax ran out on his own car.
He said he was not “in the right place mentally” and suffered from stress, anxiety and ulcers.