A Kilmaine man who was detected doing 112kph in a 60kph zone was given the Probation Act and directed to pay a sum to charity after he contested that there was no proof that his was the car which was clocked.
Garda Patrick Forde outlined that on November 20 2008, while operating a speedcheck in Partry at 9.30pm a white Honda Integra being driven by Gerard Burke, Kilmaine, was clocked on a speedometer travelling at 112kph. Garda Forde said that he stopped the defendant and issued him with a fixed charge penalty notice, which was not paid.
Burke, who represented himself, said that he was not guilty and said that he was not shown the speed gun on the night. The defendant said that while travelling back from soccer training in Ballyheane, he recalled a car driving in front of him at excessive speed, which then turned into a bar just after Partry — which according to Burke may have been the car which Garda Forde clocked. According to the defendant when he asked the garda to see the speed gun he was told “leave it before you get into any more trouble”.
Judge Devins directed that Burke, who has no previous convictions, pay €75 to the Ballyheane soccer club and applied the Probation Act. Burke had €74 with him and the judge amended the order.
