Kildare funfair owner pays €2,500 for insurance charge
The case was heard at Portlaoise District Court
A funfair owner from Kildare opted to contribute €2,500 directly to the court poor box last week rather than donate directly to a charity where he could have claimed tax relief.
Harry McFadden from Allenwood South, Allenwood, Naas, Kildare was before the court summoned with having no insurance and no driving licence and to failing to provide both when he was stopped driving at Rathbrennan in Portlaoise on 10 February last.
Defending solicitor Josephine Fitzpatrick said that Mr McFadden was very surprised when he was told by the garda on the roadside that the garda system was indicating that there was no insurance cover on the car at the time.
She said that Mr McFadden rang the insurance company from the side of the road and that, while the garda was present and in earshot of the call, the insurance company representative informed him that their system was showing that he had indeed insurance cover.
Ms Fitzpatrick said her client was a bit confused and Mr McFadden again rang the insurance company asking why the garda system was showing that he was not insurance, only to be informed by the company representative, that after rechecking, that he had missed a payment and that he was not insured.
The prosecuting garda Noel Tier, who was present on the day, agreed with what had happened on the day and with the phone conversations that he had overheard between Mr McFadden and the Insurance company.
Two days later, Ms Fitzpatrick said, Mr McFadden had put his insurance affairs in order. She said her 61-year-old client is the owner of a funfair business that employs five people and is currently in its busiest period of the year and a disqualification could affect his business.
Judge Andrew Cody noted that Mr McFadden had a previous conviction for driving while uninsured. He said if Mr McFadden contributed €2,500 to the Kildare based charity CARA Projects, that assists orphanages in Kenya, that he was not impose a disqualification. He informed the defendant: “If he pays the money directly to the charity he can claim tax relief. If he pays it to the court, he won’t get tax relief.” Ms McFadden elected to pay directly to the court poor box.
Judge Cody convicted and fined him €350 with no disqualification. He took the issue of having no driving license into consideration and struck out the matters of failing to provide insurance and driving licence.
