Kildare mother gets 5 months in custody & driving ban

A Co Kildare mother was sentenced to five months in prison at Naas District Court and banned from driving for four years.

The accused appeared before Naas District Court, charged with no insurance and driving without a licence, on March 21, 2015, at Kilmeague, Naas.

Evidence was heard how she had 37 previous convictions. Some of the previous convictions included public order, deception, theft and fraud, forgery, theft and three for no insurance.

The court heard how she was previously banned from driving.

Barrister for the accused, objected at the start of the court sitting to Sgt Jim Kelly acting as the Prosecutor on the basis that he was one of the Gardaí who stopped the accused on the day for not having insurance and driving without a licence.

Her barrister said: "He can't cross-examine her as it would be a conflict of interest."

Judge Desmond Zaidan overruled the objection stating that the charges have been before the court 19 times and that 'this is a blatant abuse of the process.'

Detective Garda Christine Brady outlined in evidence that she 'observed a car at Healy's Bridge'.

She said that the car was coming against her on the bridge and that the Garda car continued on until the end of the road and came back in the direction of Kilmeague village.

Under cross-examination, Detective Brady said that Gardaí were not following the accused.

The court heard how she stopped the accused at Kilmeague and that there were four people in the car, and that the accused was driving.

In court, the accused, under oath, said that she could not have been driving as she  was disqualified at the time.

Defence asked if the court could examine the possibility of getting Probation Services to  work with the accused.

Judge Zaidan said that he would take into account that she has had a previous driving ban and that she has three previous for no insurance.

He sentenced her to five months in custody for not having insurance. She was banned from driving for four years.

For not having a driving licence she was fined €750 and given 12 months to pay.

Failure to produce a driving licence was taken into account.