A District Court judge sitting in Wicklow yesterday dismissed more than 150 speeding summonses after the State failed to prove a special speed limit in the county was legally in force over an 18-month period.
More than 100 motorists, all of whom were charged with allegedly driving in excess of the 60km/h special limit through Kilmacanogue village on the N11, packed Bray courthouse yesterday morning, awaiting a decision from Judge Murrough Connellan.
Before dismissing the cases, the judge criticised Wicklow County Council for its inability to furnish the court with relevant documents proving the legal existence of the special speed limit, which he claimed had "cast doubts and concern in the mind of the court".
The case revolves around a speed limit imposed by the council, via a bylaw, on a stretch of dual-carriageway on the N11 approximately 5km (three miles) south of Bray.
In February, local solicitor Brian McLoughlin argued in court the special limit was not legally in force during an 18-month period between April 2004 and November 2005.
His contention in court was that Wicklow County Council adopted the speed limit in April 2004, but only passed the resolution bringing it into effect on November 14th, 2005. At the time, the State could not prove otherwise, and 86 summonses were struck out.
As further speeding cases at Kilmacanogue appeared before the court, Judge Connellan invited written submissions from both parties, and set a hearing date on the matter for June 2nd.
However, the judge adjourned his decision on the case until yesterday, because he said he was confused by the prosecution's case.
This followed anomalies in the hearing's evidence given by State witness Tom Murphy, Wicklow's county secretary, and Bray Garda Insp John Hand.
Doubts were cast on the date on which the resolution implementing the speed limit was passed, as solicitor Mr McLoughlin had not been furnished with the appropriate documentation - an error for which the State could not account.
Yesterday, Judge Connellan said the evidence given in court by the State's witness was of "no use of efficacy" and he criticised their lack of efficiency in dealing with this case, which lead to great "confusion" for the court and inconvenience to defendants.
Four subsequent Kilmacanogue speeding summonses also came before the court yesterday afternoon for the first time, each of which was adjourned until a September date by the judge, in order to give the State another opportunity to prove its case.
Yesterday's judgment could now mean that motorists who had paid a fixed fine and received penalty points during the 18-month period between April 2004 and November 2005 may be eligible for a refund and their points withdrawn.
Speaking to The Irish Times after the hearing, Mr McLoughlin said doubts still existed over the legality of this special speed limit, as Wicklow County Council has yet to prove the resolution implementing the bylaw had ever been officially passed.