A father of five who told Dundalk district court last week that he would have paid a fine for causing an obstruction by parking a BMW car at the back entrance of the courthouse, if he had received it, was convicted and fined €105.
Michael Quinn McDonagh with an address at Castleross, Castletown Road claimed that he had not received the fixed charge penalty notice arising out of the incident on September 30th 2020.
After being called by his barrister to give evidence, Mr. Quinn McDonagh said “I would have paid it. It’s only €60 instead of coming to court”.
The court heard he had lived at his address for 20 years.
However, Judge Eirinn McKiernan said she did not accept his evidence noting “It was marked on the summons it was personal service”.
The investigating garda told the court a white BMW had been parked outside Dundalk courthouse obstructing traffic at the rear entrance.
During cross examination, the Defence barrister asked the garda who issued/posted the fixed fine notice.
The Garda replied “I’m not aware.” But he added if it goes unpaid a summons is issued.
He told the counsel during further questioning that he did not deliver the summons.
Judge McKiernan informed the barrister that the garda in question had made a statutory declaration that he had delivered the summons by hand.
The counsel replied: “He told me he had not received that summons”.
Judge McKiernan said on the basis of the garda’s evidence she was going to convict.
The court heard he had one previous conviction for parking in a disabled parking bay in July 2018 for which a €100 fine was imposed.
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