Kerry solicitor’s black-out defence persuades judge to err on side of mercy
The KerrymanA solicitor’s defence about his client’s unlucky black-out persuaded a judge to be lenient at a recent sitting of Tralee District Court.
Gavin Thomas O’Sullivan (31) of Mitchel’s Court, Tralee, appeared before Judge David Waters on a charge of driving without insurance.
The judge has the ability to apply discretion for the first offence of driving without insurance so that the driver does not receive a disqualification.
But such discretion is typically only applied for those with a good driving record, as discussed between council and bench.
So when Judge David Waters heard that Mr O’Sullivan held five convictions related to careless driving and hit-and-run charges, he appeared far from impressed.
But solicitor Pat Mann gave a detailed explanation, which all stemmed from a single moment outside the Brandon Hotel in June 2021.
On that particular conviction, said Mr Mann, his client was driving up Prince’s Street, Tralee, from the roundabout when he blacked out. The next thing Mr O’Sullivan knew, he was waking up in a garda station, unaware of what had come to pass.
The judge did not immediately speak.
“Well, that’s what happened,” said the solicitor. He noted that although Judge Waters himself had been sceptical when these events were originally described in court, the Circuit Court had subsequently accepted the events.
Medical reports were presented at the time, added Mr Mann.
“And did he have a black-out when it came time to renew his insurance?” replied the judge.
“Now that’s something we’ll steer away from,” said Mr Mann.
The judge convicted and fined him €400 but, “with extreme reluctance”, did not disqualify the defendant from driving.
“I’d say if he comes before me again for any road traffic matter, he’ll be in difficulty,” concluded the judge.