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Father tells Kerry court he was speeding in son's car

By Anna Zacharias, The Kerryman

The Kerryman

A man has had a charge of speeding against him dismissed after his father told the court he was driving the car on the day in question, not his son.

Brian McGrath, of Rossbrin, Hilton Model Farm Road, Cork was before the court for speeding at Deerpark KIllarney on July 10, 2024 at 8.44am.

The court was told by the speed van operator that the car was detected driving 75kph in a 50kph zone and the registered owner was Mr Brian McGrath.

A fixed charge notice was issued but not paid and the case came before the court. The fine increases to €320 when a summonses is issued, Sgt O’Brien told the court.

Brian McGrath, was represented by solicitor Pat Mann, who told the court that the first Mr McGrath knew of the speeding offence was when he received a summonses to court. He said that he is the owner of the car but was not driving on the day.

Mr Mann asked the speed van operator if he had any idea of who was driving. He told the court he did not.

Mr Brian McGrath said he had tried to rectify the situation but it was too late.

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“I rang the court service and asked was there any way I could transfer the fine to my dad, who I believed was driving the car at the time,” Mr McGrath told the court.

His father, Paul McGrath, took the stand and told the court he had borrowed his son’s car to drive to meet his brother in Fenit as his son had asked him to check out the car.

“I don’t normally drive Brian’s car but Brian had recently acquired the car and he thought he had problems with the clutch,” he explained. He said he has company car insurance and is insured to drive any car once his company car is off the road. He said he did not have a certificate of insurance in court.

Sgt O’Brien asked Mr McGrath when he began his journey that morning and he said he left Cork at around 8am and was back in Cork before lunch.

Mr Brian McGrath said he was not aware of a speeding fine and only became aware when his son Brian told him.

Judge Mark O’Connell dismissed the case.