Laois man admitted using details of deceased individual to evade fixed charge fine
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A LOCAL man appeared before Portlaoise District Court for sentencing last week after admitting that he used the personal details of a deceased individual in an attempt to evade a fixed charge penalty notice for speeding.
The court had previously heard that the man entered a guilty plea to the offence, which involved providing false information to avoid paying the fine and penalty points associated with the offence.
Cormac McStay (53), Clonad, Portlaoise was summonsed for providing false or misleading information when nominating a driver or responding to a fixed charge notice under section 38 of the Road Traffic Act.
When the case first came to court, Mr McStay said, through his solicitor, that he was unable to attend due to work commitments.
At that hearing, members of the deceased man’s family had travelled from London and Belfast to find out why Mr McStay had used their late father’s details when he was stopped speeding by gardaí at Clonad, Portlaoise on 11 January last year.
One of the two family members told Judge Susan Fay at that time: “He used our father’s name. We are here to find out why he did that?” Judge Susan Fay adjourned the case to last week and in the meantime ordered Mr McStay to take part in the Restorative Justice Programme.
When the case resumed last week, two of the family members were present by video link.
Judge Fay asked the court presenter Garda Sgt Kirby to outline the facts in the case again.
He said that on the date a GoSafe van detected Mr McStay’s car speeding. A fixed charge penalty notice was issued and sent to the details provided to the deceased man’s address with his name on it. Family members were upset and so contacted the gardaí.
On investigation, the court heard that Mr McStay had admitted that he had provided the false details and had paid the €240 fine.
Defending barrister Brian Madden said that at the time, his client had been selling his car and was out with another man who was taking the car for a test drive.
Mr Madden said: “He says he wasn’t driving the car at the time, but it was the other man who gave the details.”
Judge Fay asked where Mr McStay had got the deceased man’s details from, to which Mr Madded replied: “It was the man who he was selling the car to that gave him the details.” “How did he sell the car?” she asked.
Mr Madden said: “He sold it on Done Deal.” Judge Fay then wanted to know: “Where’s the evidence of that. Has he evidence of that to show me,” to which Mr Madden said: “This is what I’ve been instructed to say.” Before passing sentence, Mr Madden said that his client is self-employed and works in the recovery business and had previously been employed as a bricklayer.
Judge Fay convicted Mr McStay of the offence and fined him €1,200 with four months to pay.
