A self-employed father with 55 previous convictions, who was caught driving without insurance whilst still serving a previous ban, avoided jail in the District Court this week (July 20 ) after a judge deemed a charitable contribution of €2,000 more suitable.
“I’d prefer him to contribute to good causes around Athlone rather than have some faceless bureaucrat release him from prison after just a week and a half,” said Judge Seamus Hughes in the case of Daniel Kellegher (29 ), of Connolly Green, Ballyphehane, Co Cork.
“I’m held accountable by the press and the public. The Governor of Cork Prison isn’t,” he said.
Kellegher had been stopped at a checkpoint in Ballinahown on September 26, 2009 without any insurance, and had failed to produce at Ballincollig Garda Station within the statutory 10 days.
As he had pleaded guilty, the court was told of his 55 previous convictions, the most relevant being a four year disqualification, with five months in prison, for no insurance, handed down in Mallow District Court on March 19, 2009.
Kellegher told Judge Hughes that, after appealing, he only spent 10 days in prison on this sentence.
His solicitor, Ms Gráinne O’Neill told the court her client was a recovering addict, but had been clean for two years, and attended Narcotics Anonymous.
She told how Kellegher had recently opened a tyre centre, employing two people, and hoped to open another one soon. He had a partner and two children, was accompanied to court by his father, and coached a local football team in Cork.
“I’m thinking about a suspended sentence, Ms O’Neill, if he’s willing to pay €2,000 to the court’s poor box. Will he have it by September 7?” asked Judge Hughes, to which Kellegher said he would.
Judge Hughes explained his reasoning in light of the defendant only spending 10 days in prison out of a five month sentence in 2009.
“I’m not going to go hard on your client, Ms O’Neill. It looks like he’s turned a corner and learned a lesson,” said the judge.
