A MILLIONAIRE Clare farmer has escaped a speeding conviction after disputing a garda’s “geography” of the area where he was stopped, writes Ronan Judge.
At Ennis District Court last week, Judge Mary Larkin told John Joseph McCabe (84) that she was giving him the benefit of the doubt and striking out the speeding summons against him.
Mr McCabe, a retired farmer with an address at Skehanagh, Clarecastle, denied the allegation that he was driving in excess of the speeding limit at Ennis Road, Clare Commons, on August 7, 2020.
In evidence, Garda Darren Lynch said he recorded a Toyota Hilux driven by McCabe, allegedly at a speed of 73km in a 50km zone.
The court heard a fixed charge penalty notice was issued and went unpaid.
McCabe sold 48 acres of land near Clarecastle in the mid-2000s in a multi million euro deal that was the largest in Clare during the Celtic Tiger era.
He is also a former local and general election candidate.
McCabe, who represented himself, told Judge Larkin he knows the Skehanagh area well and was involved in a “multi million deal in the land”.
“Good for you,” Judge Larkin replied.
The judge asked Mr McCabe if he was disputing the garda’s evidence and Mr McCabe said he was.
Mr McCabe said he was stopped near the Skehanagh roundabout and claimed there is an 80km speed limit as you enter the roundabout.
In reply to a question from Judge Larkin, Garda Lynch said, “It was nowhere near the roundabout, judge. It was outside the school…I stopped him where I saw him speeding. He was outside the school.”
“Why would the garda make this up?” Judge Larkin asked Mr McCabe.
McCabe said “I can’t figure it out…..His geography is probably wrong. I live in the area. I’m no stranger. I owned the lands.”
McCabe also said he had witnesses who could back up his version of events.
Addressing McCabe, Judge Larkin said, “There is no 80km limit coming into any roundabout, let me tell you sir.”
Asked by the judge if he did much driving, McCabe said “not really”.
He continued, “I’m a retired farmer…I live within a mile square (of the incident). That’s my world. I go down to the chemist and I go down to get a square loaf.”
Judge Larkin said she did not doubt the garda’s evidence but had a slight doubt and she was giving the benefit to McCabe.
After the summons was struck out, McCabe said, “Judge, thank you very much.”
Judge Larkin replied, “Don’t let me see you here again. I’ll remember you and Skehanagh roundabout and everything you told me.”
Tags Clare District Courts JJ McCabe
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