Man charged with dangerous driver in Kildare remanded in custody

“The garda file is not complete, so I cannot take control of this case,” explained the judge
Man charged with dangerous driver in Kildare remanded in custody

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A MAN charged with dangerous driving, while awaiting sentencing on a separate charge of dangerous driving, was remanded back into custody last week to await directions from the DPP. William Connors (26) of Mooretown Drive, Rathcoffey appeared in Naas District Court recently from custody, where he had been since his arrest on 17 October at Chapel View, Kilcock.

The arresting officer had set the charge as section 53 dangerous driving rather than section 52 careless driving for four reasons: his speed, the amount of traffic on the road at the time, the condition of the vehicle, and that “he was likely to be dangerous to the public”.

Mr Connors is also charged with failing to give his name, and having no insurance on 12 November 2022 at Newtown Road, Maynooth.

Judge Desmond Zaidan asked Sergeant Mary Meade as to the state of play, and she told him: “He was only brought to Wheatfield Detention Centre from Leixlip on Monday. It is in for directions from the DPP, but we are still awaiting results from the Forensic Bureau on a drink-driving charge”.

“I refused jurisdiction,” remembered the judge.

“There have been no directions, but it only came before you on Monday,” said the sergeant.

“His first dangerous driving conviction [committed in 2024] was for sentence soon,” said the judge.

“This gent wants to plead guilty to this and adjourn the intoxicated driving charge,” offered solicitor Tim Kennelly. 

“He wants to deal with it all today,” he added hopefully, before the judge shut this down with simple procedure.

“The garda file is not complete, so I cannot take control of this case,” explained the judge.

“Ring the Forensic Labs and tell them he wants to plead guilty,” said the judge to the sergeant. “I can accept the plea, but without the full file I don’t know what else might come out.” 

Mr Kennelly then began to argue for a further seven days in custody, while Sgt Meade wanted Mr Connors to return to custody for two weeks.

“I’m a bit discombobulated,” said Mr Kennelly. “These charges are not married.” 

“They are not married, Mr Kennelly,” confirmed the judge, quite deadpan, “but they are Siamese Twins.” 

“The spanner in the works here is the lack of directions, and the fear of double jeopardy,” he added. 

“I’m bound by the High Court ruling that if a defendant pleads guilty, the judge is obliged to proceed to sentence, but I may refuse jurisdiction so therefore I can’t sentence without direction from the DPP,” he explained.

The judge then remanded Mr Connors back into Wheatfield Detention Centre at the defendant’s own request until 5 November for directions.

“He was listed for section 53 sentencing, that’s why I refused bail,” Judge Zaidan concluded.

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