Courts / Galway / Report

Garda's fake license uncovered after driving skills "caused concern"

Date
2018-02-23

Stage
Appeal

Court
Wexford Circuit Criminal Court

Primary locality
Galway

County
Galway

Summary

The Court of Appeal has dismissed the appeal by Ciaran Folan, a garda, against his conviction for using a false driving licence. Folan, of Fethard-on-Sea, had pleaded not guilty to four counts alleging he knowingly used a false instrument and a document containing a false statement on February 13, 2009. He was found guilty by a jury at Wexford Circuit Criminal Court and fined €3,000 by Judge Barry Hickson on December 13, 2013. The appeal court, led by Mr Justice George Birmingham, stated it was not persuaded that the trial was unsatisfactory or the verdict unsafe. The conviction stemmed from an investigation into Folan's driving skills, which revealed he had never sat a driving test despite claiming to hold a valid licence. His brother, Brendan Folan, a Galway County Council employee, was charged with forging the licence and corruption offences. Although Brendan Folan was acquitted of these charges in Galway, the Court of Appeal ruled this did not prevent Ciaran Folan's trial in Wexford. The court rejected arguments that the trial judge erred in permitting the prosecution to proceed or in adding counts 3 and 4 to the indictment. The appeal was dismissed, leaving the original conviction and fine intact.

Who, what, where, when and why

What: Report matter: Garda's fake license uncovered after driving skills "caused concern". Charges or matters: four counts related to the use of a driving licence at Lambstown Lane, Fethard-on-Sea, on February 13, 2009, knowing it to be a false instrument as well as knowingly using a document containing a false statement. Procedural stage: appeal

When:

February 13, 2009 Incident
December 13, 2013 Hearing Or Sentence
November 17, 2008 Incident
November 21, 2008 Incident
2018-02-23 Publication

Why: Moreover, in order to take part in a Garda driving course, one had to have a category B driving license. CNI source report

Case subjects

Brendan Folan

Accused

Ciaran Folan

Appellant

Charges: four counts related to the use of a driving licence at Lambstown Lane, Fethard-on-Sea, on February 13, 2009, knowing it to be a false instrument as well as knowingly using a document containing a false statement (Alleged Or Contested)

Plea: Not guilty

Outcome: Folan was found guilty by a jury at Wexford Circuit Criminal Court and fined €3,000 by Judge Barry Hickson on December 13, 2013.