This article is from page 4 of the 2014-03-25 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
A NUMBER of Clare motorists alleged to have been detected speeding by the Go Safe speed vans have had their cases adjourned after a judge requested clarity on the prosecutions being brought to court.
At Ennis District Court on Friday, Judge Patrick Durcan adjourned eight cases to May 2. He struck out cases against two motorists after the State applied to have them withdrawn.
Judge Durcan has requested the State look at the legislation underpinning the prosecutions brought by Go Safe.
After hearing evidence in one al- leged speeding case, Judge Durcan raised concerns over the evidential basis of photographs taken by the vans’ cameras of alleged speeding motorists.
Following the judge’s direction, it is unlikely that any Go Safe prosecutions will proceed in Clare over the next six weeks.
In one case, Go Safe official Paul Bennett gave evidence that the speed van camera detected a woman driving at 66km in a 50km zone at Ballymulcashel, Sixmilebridge, on September 2, 2013.
Inspector John O’Sullivan told the court that as a result of information downloaded, a fixed charge penalty notice was issued and went unpaid.
Judge Durcan asked Mr Bennett, “Are you observing or is the machine continuously recording?”
Mr Bennett said the camera machine was continuously recording.
Judge Durcan told Insp O’Sullivan that “the reality of it is, is that Mr Bennett doesn’t know what vehicle went by”.
“What evidence do I have for the picture that is taken and downloaded? There has to be a clear chain of evidence,” he added.
Insp O’Sullivan said he would have Insp John McDonald of the Garda Fixed Charge processing unit in Thurles to give evidence on the adjourned date on May 2.
Judge Durcan said the role of the man in the speed van “has been shrouded in mystery for too long”.
Judge Durcan has been strongly critical of Go Safe prosecutions.
At Kilrush District Court on Tuesday, the Judge dismissed two Go Safe cases and struck out the remaining two.
He said, “The sooner this is highlighted the better – the appalling waste of public money by these people who come into court and don’t know or don’t happen to be told how to prosecute simple road traffic matters.”