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A MAN convicted on four charges of driving without insurance was jailed for 12 months at Naas District Court last week, but was saved from being publicly named as he was also convicted of two counts of breaching a Safety Order, which precludes his identification to protect the injured party.
However, his words were fair game for publication, and Judge Desmond Zaidan made sure of that, when he enquired of Sergeant Brian Jacob of the details of the Safety Order breach last September at an address in Co Kildare.
“He sent a text message that put her in fear, it was very violent language, and he threatened to put it on Facebook,” said the sergeant.
“What sort of language?” asked the judge, and the no-nonsense sergeant happily obliged.
“He called her a dirty, smelly used-up tramp and slut,” elocuted the sergeant.
“That isn’t the sort of thing you put on social media when you have children,” noted the judge.
The man was in court for a Probation Report, having been already found guilty of four driving without insurance charges last October, when he avoided a sentence “by the skin of his teeth”.
This file is getting thicker,” noted the judge, after the Probation Report was handed in on top of the defendant’s existing sheaf of documents.
Whilst reading this though, he took some exception to the Probation Officer’s phraseology as to the likelihood of his re-offending, which she described as being “at the lower end of medium”.
“Oh, when are we going to get rid of all of this political correctness?” lamented Judge Zaidan.
“It’s the first time I’ve ever seen that phrase in 35 years at the bar…seriously, have you nothing better to do?” he asked of the Probation Service.
“Lets’ just call it medium,” said Sgt Brian Jacob.
Because he had pleaded guilty on his last appearance and was only in court for the Probation Report and his sentence, the court heard he had 31 previous convictions, two of which were for drink driving, for which he received a maximum ban of four years.
“The Report indicates it would take into consideration the no insurance [convictions], and we would be seeking a lengthy ban, rather than a custodial sentence,” said defending solicitor Tim Kennelly.
He went on to explain how his client was now in a new relationship in which he hoped to attend at a First Communion at the weekend.
“He has done three weeks on remand, and if he’s sent to custody he will lose his job,” said Mr Kennelly.
The sergeant then read the four dares he was stopped without any insurance, and they ranged from 30 August, 2018 to 11 January, 2021.
“Why has it taken so long?” asked the judge.
“There were a few warrants,” said Sgt Jacob diplomatically.
“Playing musical chairs with the authorities, more like,” harumphed the judge.
“It was originally with Mr [Conal] Boyce [now retired], and had to be transferred to my offices,” clarified Mr Kennelly.
“I have the Probation Report, and they’re willing to give him a chance, but it’s a tough one for you Mr Kennelly, trying to flog a dead horse, but I must impose a sentence on the no insurance, ” said the judge.
He sentenced the man to six months in prison on each of the four counts, making the first three concurrent, but the last one consecutive.
He also banned the man from driving for seven years, but allowed him room for appeal with a bond set at €250.
