Man with cancer given pardon at Kildare court

A COURT showed a degree of humanity last week (25 November) when a cancer patient was let off a speeding charge after he eventually revealed his condition, having tried to argue his case out in the first instance.

The elderly man from Kildare, who shall remain nameless for non-legal reasons, was appearing in Athy District Court to appeal a summons for an unpaid fine.

This was imposed after a car registered in his name was clocked at 108 in an 80kph zone at Gallow’s Hill, Athy on 10 May.

In evidence, the man said he had received the Fixed Penalty Notice (FPN), and said he had returned the form to the Shannon payment office with the “nominated driver” within the statutory 28 days.

He explained how he has a number of vehicles and that his son had loaned one of these – with permission – to a friend of his temporarily.

However, following questioning from Judge Desmond Zaidan he admitted did not include a photocopy of this nominated driver’s driving licence.

“They returned the form to me saying they couldn’t read my writing,” said the man.

“Give it to me and I’ll tell you if I can read it,” said the judge to the defendant who he then silenced after he tried to clarify his point over the judge.

“You’ve played this in your mind so many times, but now, listen to me,” said the judge.

“I’ve only had this (the returned FPN) a minute, and even I can see it … it’s highlighted in yellow ‘details of the driver are unclear’,” noted the judge, pointing at the document.

‘Thank you’

The man hesitated, and seemed to gesture for a moment, to which the judge instantly asked: “Is everything alright?”.

“Stage 4 cancer, I’m still in and out of hospital,” he said quietly.

“You should have told me that at the start,” the judge gently chided.

“I’m going to give you the benefit of the doubt and strike it out,” said Judge Zaidan.

“Thank you, judge,” said the man as he stepped down from the witness box.