Donegal court docket convicts businessman over uninsured check drive in van

A 54-year-old businessman who instructed a court docket he was taking a van for a check drive has been convicted of driving with out insurance coverage.

A court docket case, involving Mark Harkin, courting again to 2017 concluded at Letterkenny District Court earlier than Gráinne Malone.

Harkin, of Sicily Park, Belfast and with earlier addresses in Newtowncunningham and Derry, appeared in court docket charged with driving with out insurance coverage on June 29, 2017 in St Johnston.

The court docket beforehand heard that Harkin was driving the car when he encountered a Garda, who made a lawful demand for him to provide both his certificates of insurance coverage or exemption. 

The insurance coverage on the car was conditional and was within the title of an organization. The situation was that one among three individuals should be accompanying the driving force.

Judge Malone mentioned what was not in dispute was that Harkin did produce a certificates of insurance coverage and that one of many individuals named within the situations was one Tara Brady. 

Mr Rory O’Brien, Harkin’s solicitor, sought to have the matter dismissed. 

Gardai mentioned that they weren’t happy that the insurance coverage certificates coated him to drive the car on the date in query.

After Judge Malone dominated that Harkin had a case to reply, the defendant was referred to as to the witness field by Mr O’Brien.

Harkin instructed the court docket that Ms Brady was within the car and was the individual nominated by the storage proprietor, a Mr McDaid, to drive the van. Harkin mentioned a commerce plate was positioned in entrance of the car.

Judge Malone famous that it was “a pity” that the Garda who made the demand was not in court docket to be cross-examined. Judge Malone mentioned she had heard proof from Harkin that Tara Brady was the individual described by the Garda as the feminine within the car. 

While Judge Malone mentioned that the circumstances have been that the State was not ready to contradict what Harkin mentioned, Sergeant Maurice Doyle mentioned he believed that it was incumbent on the defence to name Ms Brady to provide proof. 

“That is nonsense,” remarked Mr O’Brien.

Judge Malone mentioned it appeared that Sergeant Doyle had made a “valid point” and the defence hadn’t produced an individual to fulfill the court docket that the situation of the insurance coverage was met.

Sergeant Doyle mentioned this was a “strict liability issue” and was “provided that she (Ms Brady) was the individual current.

Judge Malone mentioned she was happy that the certificates of insurance coverage was conditional and mentioned her court docket wanted to be happy “beyond a reasonable doubt”. 

Judge Malone mentioned she was not happy past cheap doubt and convicted Harkin.

Mr O’Brien mentioned his shopper took the car “in good will” for the aim of a check drive.

Mr O’Brien requested the Judge to not disqualify Harkin, including that he has a glass staircase enterprise and has “a number of employees”. He mentioned Harkin requires his licence for work functions.

Last month, Harkin was convicted of an assault when he head-butted the proprietor of a espresso store in Bridgend. On that event, Judge Malone handed Harkin a three-month suspended sentence.

Judge Malone mentioned the court docket had “difficulty accepting” what Hakin mentioned. 

Judge Malone fined Harkin €300 for driving with out insurance coverage, giving him six months to pay,

Harkin was additionally fined €300 for driving and not using a seatbelt.

Recognisance, within the occasion of an attraction, was mounted in Harkin’s personal bond of €200.