Courts / Tipperary / Report

Judge should have convicted drivers caught like 'fish in a barrel' in 'unjust speed zone'

Summary

The High Court has ruled that a District Court judge erred in law when he refused to convict thirty-four drivers caught speeding at Clogheen, Monasterevin in County Kildare. In December 2024, Judge Andrew Cody found the facts proven but declined to record convictions, describing the 60km/h speed zone as unjust and criticising prosecutions as motivated by targets and finance rather than safety. The Director of Public Prosecutions sought judicial review of four lead cases. Mr Justice Cian Ferriter found the judge's approach unlawful, stating a court must record a conviction when facts are proven. The judge's role was to apply existing law, not to question its correctness. Mr Justice Ferriter noted the judge's comments breached fair procedures and could create reasonable apprehension of predetermination. However, none of the thirty-four drivers opposed the DPP's action. The DPP adopted a sensible approach by not requesting remittal to District Court, meaning none will receive convictions or penalty points.

Who, what, where, when and why

What: Report matter: Judge should have convicted drivers caught like 'fish in a barrel' in 'unjust speed zone'. Procedural stage: hearing_or_decision

When:

• December 2024 Hearing Or Sentence
• December 19, 2024 Hearing Or Sentence
• 2026-05-21 Publication

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report