Court records a ‘blank’ and dismisses case after speed gun error

June 11, 2022

A man allegedly speeding at 143kph in a 100kph zone has had his case dismissed after a Garda speed gun showed a blank screen.

Motorist Adam Bothwell appeared at Buncrana District Court charged with speeding in his car at Castleforward, Newtowncunningham.

Garda John Tully gave evidence of the incident saying he recorded it using a contemporaneous note taken at the time.

However, solicitor for the 29-year-old accused from Carrickfergus, Mr Frank Dorrian, queried if his client had been served with any paperwork to show what speed he was actually doing.

“The evidence the Garda is relying on is largely uncorroborated.

“The screen was blank. The apparatus used must be capable of producing a document to be served on the client or of maintaining a permanent record, which we don’t have.

“The ability to challenge is taken away from him. What if he said it was 103 and not 143 – where would that get us?”

The accused said that the Garda had asked him if he knew what speed he was doing and showed him the speed gun but said that it was blank.

State solicitor Mr Ciaran Liddy argued that there was no prejudice to establish that the machine was in good working other.

Judge Éiteáin Cunningham dismissed the matter saying there was no opportunity for the accused to challenge the speed and that the reading should have been available.


error: Content is protected