Case dismissed as Limerick motorist disputes location of traffic stop
THE CASE against a young motorist was dismissed because he said he was stopped in Hospital while the investigating garda said the offence occurred in Kilmallock.
David James Curtin, aged 19, of Longstone, Cullen, Tipperary was before Kilmallock Court for non-display of N (novice) plates.
Garda Pat Aherne gave evidence that he stopped Mr Curtin at Lord Edward Street, Kilmallock at 2.58pm on October 8, 2022.
Michael O’Donnell, solicitor for Mr Curtin, said his client would say he was stopped outside the primary school in Hospital and not in Kilmallock.
Garda Aherne said he inputted the information (into PULSE) on the day using a garda phone which has inbuilt GPS location software.
Mr Curtin took the stand and said he was “100%” sure he was stopped in Hospital. He said customs officers dipped his tank checking for green diesel at the same time.
Inspector Gearoid Thompson, prosecuting, asked Mr Curtin if he remembered the garda using a phone? “Yes,” said Mr Curtin.
Insp Thompson said he has the same phone, which he held up, saying if he issues a ticket it will geolocate where he is at the time.
“Was it a different garda?” he asked, suggesting gardai can look similar with their hats on. “No,” replied Mr Curtin.
Mr O’Donnell asked his client how he was so certain? “I was talking to him,” said Mr Curtin.
Mr O’Donnell then asked him where he was stopped? “Hospital,” he replied.
Judge Patricia Harney dismissed the case saying she had a doubt. “It’s not an enormous doubt but I have a doubt. Dismiss.”