Identity doubt leads to motoring charges being dismissed
The defendant denied all matters when he appeared before Castlebar District Court.
A Westport man has been acquitted of motoring offences after a judge ruled there was a reasonable doubt in the case.
Kevin Kay, aged 35, Carrabawn, Westport pleaded not guilty at Castlebar District Court to dangerous driving, driving without insurance and refusing to comply with the direction of the Gardaí.
Gda Shane Nallen told the court that he and Gda Rebecca Gavin attended Roman Island, Westport at 8.30pm on April 23, 2021, where a large gathering of 200 to 300 youths had assembled. While dispersing the crowd, he noticed a motorbike with an English registration driving at high speed through the Quay village.
When he reached the motorbike, he gave the driver three clear directions - to stop the bike, turn off the engine and get off it. Gda Nallen said the driver attempted to drive around him and he tried to stop him, prompting the driver to collide with a roadside sign.
Gda Nallen asked the driver for his licence, which was not produced. Insurance documents were also not produced. The driver said his name was Kevin Kay.
Gda Gavin told the court that Mr Kay was known to her as she is a Westport native.
In cross-examination, both Gda Nallen and Gda Gavin told Mr Kay’s solicitor Cathy McDarby they did not attempt to identify the actual owner of the motorbike, which had been registered in England. Both Gardaí also did not ask the driver for any other form of ID.
Judge Vincent Deane acceded to an application from Ms McDarby to withdraw the no insurance charge, as there was no evidence that Mr Kay was the owner of the bike.
Mr Kay told the court that while he was a motorbike enthusiast, he never owned the motorbike in question and was at home that evening because the pubs were closed due to Covid-19 regulations. Mr Kay said he did not know Gda Gavin and had never seen her before.
Judge Vincent Deane asked Mr Kay to produce his driving licence and he did so. Judge Deane noted that the driver of the motorbike did not produce a licence on the night and said that based on the level of recognition being described, it may have been a relative of Mr Kay’s at the scene.
In dismissing the case, Judge Deane said he accepted the evidence of the two gardaí but acknowledged there was a doubt over the identity of the motorbike driver.
