Dublin criminal figure Martin Foley was yesterday cleared of driving without insurance after the prosecuting garda failed to prove he was the owner of the car involved.
Mr Foley, of Cashel Avenue, Crumlin, known as "The Viper" and the survivor of a number of underworld assassination attempts, denied having no insurance when he was observed driving a 93D car by Garda Michael Ryan in Crumlin on April 3rd last year.
Dublin District Court heard he had switched his insurance policy the previous February to a 97D car.
His broker, Mr Brendan Lynam, who was called by the prosecuting garda, told the court that Mr Foley's policy would have entitled him to drive any other car providing he was not the owner or providing it was not a hired vehicle.
Garda Ryan said there were no records of ownership of the 93D vehicle. The policy produced by Mr Foley, however, did not cover the date that he (the garda) saw him driving the 93D car.
Judge Geoffrey Browne agreed with defence solicitor Mr John Woods that there was no evidence as to ownership of the 93D vehicle. In the absence of this, the court had to accept that Mr Foley was insured once he was not the owner.
The judge also accepted an application from Mr Woods to have the case dismissed, which means it cannot be brought again.