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23/10/2021

Tipperary motorist entitled to the benefit of the doubt in insurance case

Tipperary motorist entitled to the benefit of the doubt in insurance case

Judge Elizabeth MacGrath: dismissed no insurance case against Nenagh man

A man who was asked by his employer to drive into town to get him something to eat was stopped by the gardaí and charged with driving without insurance, Nenagh Court was told.

Cliff Moloney of Tyone, Nenagh, had the charge of driving without insurance at Kenyon Street, Nenagh on August 29, 2020, dismissed on the basis that he genuinely believed he was insured to drive.

The court heard that Mr Moloney was covered by his employer’s insurance to drive his employer’s van, but only if his employer was accompanying him.

This was not the case on the day in question.

Under cross-examination by Mr Moloney’s solicitor, Pat Liston, Garda Cathal Naughton said that Mr Moloney told him he had been asked by his employer to go to town to get him something to eat.

Mr Moloney told the court in direct evidence that his employer had told him he was insured to drive as he was over 25 years of age.

“I could have driven my own van. I’m fully covered on that,” he said.

Judge Elizabeth MacGrath dismissed the charge on the basis that Mr Moloney was entitled to the benefit of the doubt.

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