This article is from page 32 of the 2014-05-20 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 32 JPG
A CAR enthusiast who punched a business sign and verbally abused gardaí after his vehicle was seized in Ennis has escaped a prison sentence.
Shane O’Sullivan (23) was instead ordered to carry out 75 hours of community service in lieu of six weeks in prison.
At Ennis District Court on Tuesday, Judge Patrick Durcan said Mr O’Sullivan behaved in a “contemptible manner” towards members of the force after being stopped on the Quin Road on May 17, 2013.
The seizure occurred minutes after another car was taken by gardaí from Mr O’Sullivan who had been driving in an enclosed area of an industrial estate.
Garda Liza McDonagh told the court she stopped Mr O’Sullivan’s vehicle on the Quin Road at around 22.54pm because it was in very poor order.
A Garda PSV report subsequently found the car to be defective with problems including three bald tyres and no audible warning device.
Garda McDonagh said that after informing Mr O’Sullivan she was seizing his car, he replied “This is my f*****g car”.
After punching a nearby sign, Mr O’Sullivan told Garda McDonagh and her colleague to go “f*** themselves”, the court heard.
Mr O’Sullivan, with an address at Rockmount Cross, Kilrush Road, Ennis, pleaded guilty to charges of driving a dangerously defective vehicle and engaging in behaviour with intent to provoke a breach of the peace.
His solicitor told the court his client’s behaviour was more in frustration with himself after having two cars seized within a matter of minutes.
The solicitor said his client initially bought the defective car to sell it. He said the vehicle had been booked in for its National Car Test (NCT).
The court heard Mr O’Sullivan comes from a well-known family in the motor trade and intends studying mechanical engineering.
His solicitor said Mr O’Sullivan “behaved outrageously” and subsequently apologised to gardaí.
Judge Durcan asked Garda McDonagh if the apology was genuine. Judge Durcan said that going by Garda McDonagh’s response, Mr O’Sullivan’s had given a “mealy mouthed apology”. Garda McDonagh agreed he had.
The court heard the accused has two previous convictions for road traffic offences and has not come to garda attention since the incident.
Judge Durcan said he regarded this as a “serious offence”. He said Mr O’Sullivan used “foul and filthy language” to gardaí who had just seized his “rattletrap”.
He imposed a € 300 fine and ordered Mr O’Sullivan to complete 75 hours community service in lieu of six weeks in prison.
“Hopefully working for the community he will realise he has to keep his temper under control”. The Judge said.
Judge Durcan said he was also disqualifying Mr O’Sullivan from holding a driver’s license for three months, by way of ancillary order.
However after noting the pleas submitted in mitigation and Mr O’Sullivan’s intentions to work in the motor trade, Judge Durcan vacated the order and did not disqualify him from driving.