The High Court has refused three judicial review challenges to speeding convictions arising from offences recorded in Tuam, Castlebar and Kiltimagh where the registered vehicle owners disputed that they had been driving.
Margaret McHugh was convicted over a vehicle detected exceeding a 50km/h limit at Blackacre, Tuam. Her daughter Shauna had told a Garda before the District Court hearing that she had been driving. Neither mother nor daughter, however, gave sworn evidence at the hearing.
Paul Corbett was convicted after a speed-camera detection at Knockthomas, Castlebar. He gave sworn evidence that he had not been driving and believed his wife was the driver, but she did not attend court.
Sheila Keaney was convicted over a detection on the R320 at Gortgarve, Kiltimagh. Both she and her husband, Karl Keaney, gave sworn evidence that he had been driving.
All three relied on the statutory presumption which treats the registered owner as the driver where another driver has not been nominated in the fixed-charge process, unless the contrary is shown. They argued that the evidence before the District Court had rebutted that presumption.
Mr Justice Michael White rejected the proposition that sworn evidence from a registered owner denying that he or she was driving must automatically create a reasonable doubt. The presumption is rebuttable, but the trial judge remains entitled to assess the credibility and weight of the evidence and to accept or reject it.
The judge added an important qualification: a conviction cannot rest solely on the owner's failure to return the fixed-charge notice naming another driver. That failure may be considered as part of the prosecution evidence, but every element of the offence still has to be proved beyond reasonable doubt.
The court noted that Keaney's conviction appeared to be against the weight of the evidence. However, that was a matter for an appeal rather than judicial review. All three applications for certiorari were refused.