Laois businessman sentenced to 16 months in prison and 25 year driving ban
Portlaoise Courthouse
A ROSENALLIS businessman who had been sentenced to six months in prison but spent 32 days incarcerated before being released was back before Portlaoise District Court last week, where he was sentenced to a total of 16 months in prison and banned from driving for 25 years.
Solicitor Josephine Fitzpatrick said her client wished to plead guilty to all the offences before the court.
In reply to the plea, Judge Andrew Cody said: “His barrister turned up before and said he was not looking for a (hearing) date because he was pleading guilty. Then a solicitor turned up and said he was pleading not guilty. Now he’s pleading guilty. What messing’s going on here?” Ms Fitzpatrick said she was not part of her client’s previous pleadings and had only come on record to represent him on the day.
The case proceeded with Ian Thomas Swinburne (43), Watch Hill, Rosenallis pleading guilty to driving while uninsured and without a driving licence and to providing a false name and address to gardaí on 19 March at Drummond, Rosenallis and with driving while uninsured and without a driving licence on 11 August last year at Clarahill, Clonaslee.
The court was told that the defendant had 66 previous convictions, ten of which were for driving without insurance.
The court heard that on 15 January, Mr Swinburne had been sentenced to six months in prison for similar motoring offences that occurred the previous December and had been disqualified from driving for 25 years.
Ms Fitzpatrick said that of the six months’ prison sentence that had been imposed, he spent 32 days incarcerated and had been released on the previous Friday to the day of the court sitting.
The court heard that on the first occasion garda Stephen O’Hanlon stopped the defendant driving his late mother’s car, he gave him a false name and address.
Judge Cody convicted Mr Swinburne of the offences that occurred on 19 March sentenced him to six months in prison for driving without insurance and to four months for providing false details to gardaí and took the issue of having no driving licence into consideration. He was also disqualified from driving for 25 years.
Garda Stephen Lynott said on 11 August, he stopped the accused driving a car that was towing a caravan.
Ms Fitzpatrick said that on that day her client had been moving the caravan from one field to another.
She said: “At 47 years of age, he says that he will never be back before the court again.” For the 11 August offences, “and his 12th offence for driving while uninsured,” said Judge Cody, “six months in prison and disqualified from driving for 25 years and taking in charge for having no driving licence.” He said that both sentences are to run consecutively, giving him a total jail term of 16 months.
He went on to fix a €3,000 own bond recognisance, with a €2,000 cash lodgment.
Ms Fitzpatrick said: “He was released from prison on Friday and is seeking free legal aid,” to which Judge Cody asked: “Is he looking for Lanigan’s ball for the last times he was in court, because I’m not granting that. I’ll only grant it for your day in court today.”
