A charge of threatening and abusive behaviour under Section 6 of the Public Order Act against Kerry North Sinn Féin TD Mr Martin Ferris was dismissed at Tralee District Court yesterday.
Three charges of dangerous driving against his director of elections, Mr James Sheehan, relating to the same incident on April 15th last in the Castleisland area of Kerry were also dismissed by Judge Leo Malone. Both accused men are from Ardfert, Co Kerry.
Speaking outside the court, Mr Ferris said he now hoped "a line would be drawn in the sand" and he could begin a new relationship with all gardaí in Kerry.
In court, Sgt Stephen Flaherty, of Castleisland Garda Station, gave evidence of a high-speed car chase on the outskirts of Castleisland shortly before 10 p.m. on April 15th.
He said that as he was driving in his private car, a black BMW, from Tralee towards Castleisland he noticed a silver Peugeot approaching in his rear view mirror, doing over 100 m.p.h. It passed him out, crossed the white line and overtook other cars in front "at an outrageously fast speed".
Although he was officially not on duty, he decided to pursue it out of concern for public safety. In order to maintain speed with the vehicle he had to increase to 112 and maintain speeds of 100 miles an hour in his own private car. The Peugeot slowed in the town area in Castleisland and turned towards the Limerick-Dublin Road. He came alongside and signalled to the occupants to move over.
He did not know it was Mr Ferris' car, Sgt Flaherty maintained. He said he was in full Garda uniform and showed his badge as he drove alongside at 30 miles an hour.
The Peugeot turned down a by-road and it stopped half way down in the dark. Four men got out. Sgt Flaherty said he inquired as to the meaning and reason for the driving, and he cautioned Mr James Sheehan, the driver.
But Mr Sheehan did not acknowledge him, and Mr Ferris, a front-seat passenger, "went into a rage. He started roaring that this was Garda harassment.
"He was pacing around the road in a very angry manner. He lunged towards me suddenly with his face only inches from me and said 'You are a f***ing madman, you tried to get us all killed.' "
Sgt Flaherty also alleged that Mr Ferris told him he would regret it. He felt threatened and he was alone. After attempting to make a phone call, he left. (He had already called Killarney gardaí).
Both Mr Sheehan and Mr Ferris vehemently denied the charges. They also said Sgt Flaherty was not in visible uniform.
Mr Ferris said he was in the middle of the election campaign at the time. Mr Sheehan was driving a number of the party organisation in his (Mr Ferris's) car to go to a meeting in Abbeyfeale. On their way, they were also to visit the roadway at Meenleitrim South, where the car eventually stopped to check out a complaint about the road from a constituent.
The first he knew of being pursued by the BMW was when he left Castleisland for the Limerick Road. Mr Ferris did not know the car was being driven by a garda, and the driver was not in garda uniform, he had an anorak on.
A short distance from Castleisland, an oncoming articulated truck flashed its lights and began hooting. At that moment, the BMW pulled parallel to them on the narrow road.
Everyone in the car got a shock. The car turned into a housing estate. The other passengers wanted to find out who it was, but Mr Ferris said it was an irritated driver.
"I did not want any altercation," Mr Ferris said. But he was also "very concerned". In the previous 18 months he had had several death threats.
Mr Ferris admitted asking the man who stepped from the car "Are you a lunatic?". But he was not abusive or did not use vulgar language. "His actions were reckless and extreme and he could have caused a major crash," Mr Ferris said of Sgt Flaherty.
He asked for his ID, but it was not produced.
Instead, Sgt Flaherty went into his car and made a phonecall. Then he drove away.
Mr Sheehan and Mr Ferris and Mr Foley all denied the car was being driven at dangerous speeds.
Judge Leo Malone said: "I am not satisfied the case [against Mr Ferris\] has been proven. I am dismissing that charge."
With regard to the charges against Mr Sheehan, Judge Malone said the case had not been proven.