Insurance charge struck out after court hears accused felt compelled to drive to protect visa status
The Wicklow PeopleA man charged with driving without insurance has had the case struck out after Bray District Court heard he felt compelled to drive by his employer or risk losing his job and visa status.
Amu Pushpan (27), with an address at Gandon Hall, Gardiner Street, Dublin 1, appeared at a sitting of Bray District Court in connection with the matter.
The accused pleaded not guilty to one count of driving without insurance.
Garda Alex O’Hanlon of Bray Garda Station told the court that in late 2024 he stopped a Toyota Corolla. When asked to produce his documents, Mr Pushpan, who is from India, was unable to provide a valid driving licence or insurance.
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Mr Pushpan told the court that he was on shift working in human resources for South Dublin-based care company, Kare Plus, when he was instructed to drop staff to Greystones for their shift.
The court heard that the accused was told to drive the vehicle, despite raising concerns. Mr Pushpan recalled saying that he had no experience driving in Ireland, adding that he was told he would have to drive “if I needed the job”.
Solicitor for the accused, Michael O’Connor, told the court that his client is an Indian national who came to Ireland on a study visa facilitated through his employment with Kare Plus. He said his client felt he had no real choice but to comply.
“If you need the visa, you drive. I felt like I had no choice,” Mr Pushpan told the court.
The court heard that one witness to the conversation was present and willing to give evidence if required, while another witness had overheard the exchange.
During cross-examination, a garda sergeant told the court there was “an important distinction between doing something to keep your job and doing something against your will”.
Mr O’Connor submitted that coming from India meant his client did not have a “proper choice” in the same way someone from Ireland might have.
Judge David Kennedy accepted the defence submissions and struck out the charge. Legal aid was granted to Mr O’Connor and backdated to November 2024.
The court heard that gardaí had indicated the circumstances faced by Mr Pushpan were part of an ongoing issue and that similar situations are currently under investigation.