Thurles man said garda ‘needed her wings clipped,’ Nenagh District Court hears

A Thurles man who said a female garda “needed her wings clipped” has been fined for running a red light. 

Hugh William Ryan (47) of Edelmount, Dublin Road, Thurles, contested a charge of driving past a red light on Mitchell Street, Nenagh on November 22, 2023.

Garda Lindsey O’Callaghan told Nenagh District Court that on the day of the incident, she was the observing garda in a patrol car travelling toward Market Cross in Nenagh.

They were travelling down Mitchell Street behind a car toward traffic lights, which turned red on their approach. 

The guard told the court she observed the car in front stop, edge out, and when there was a gap in traffic, turn left onto Pearse Street. 

The garda activated the lights on the patrol car and pursued the driver, who failed to pull in, continuing onto Banba Square and onto Emmet Street. 

The garda turned on the sirens, and the car pulled in.

Garda O’Callaghan told the court she asked the driver if he had a reasonable excuse for not stopping at the red light, to which he had no response. 

The driver was issued with a Fixed Penalty Notice, which he did not pay. 

CONGESTION

Acting for the defendant, solicitor Patrick Kennedy put it to Garda O’Callaghan that his client did give a reason for having not stopped. 

He told the court that it is his client’s position that the light did not turn red until he had already on the junction.

Mr Ryan had to keep going because of the congestion, and it wasn’t safe to stop when the garda car indicated for him to do so.

Mr Kennedy also said a pedestrian had crossed between them, and the light had turned amber. 

Garda O’Callaghan responded saying that didn’t happen. 

She said the light was red, both her and the defendant’s car had stopped initially, and traffic was at the time quite light. 

She said there was no pedestrian crossing. 

“It was 100% red,” said Garda O’Callaghan. 

Mr Kennedy told the court that the lights in question were no longer there and that Tipperary County Council had confirmed to his client that the reason for that was that there was an issue with congestion in that part of the town. 

Acting for the prosecution, Sergeant Regina McCarthy pointed out that the whole traffic system in the town had been changed, not just Market Cross.

GREAT EFFORTS

Mr Ryan told the court that following the incident, he attempted to acquire the CCTV from the area, which would have proven his innocence. 

He followed up with the Superintendent to find out if there was footage available and was told the gardaí were not in a position to access it. 

The defendant then went to the council to see if they could help. 

Mr Ryan told the court, there, he was told that it was a big issue in the area, and 90% of submissions they received were about congestion at those lights. 

He said he would have just paid the notice, but that would have been admitting he had done something wrong, which he hadn’t. 

“It would have been easier if I had done it, it upset me so much. 

“I couldn’t sleep accused of something I didn’t do,” said Mr Ryan. 

Sgt McCarthy asked the defendant if he was aware the Fixed Penalty Notice Office records its calls. 

She put it to the defendant that when he contacted the office on December 12, 2023, he told the operator Garda O’Callaghan was known to cause “issues” and “needed her wings clipped.”

Sgt McCarthy told the court that there was no issue with people contacting the office, but they felt the comment was “unnecessary.”

The sergeant also said the guard had no reason to pursue the defendant nor to issue a summons, other than what she had observed. 

Mr Ryan said he was sorry for the offence his comment had caused. 

JUDGEMENT

Mr Kennedy argued that his client had gone to “great lengths” to get the CCTV and that “suggests something in and of itself.”

Sgt McCarthy countered that all that suggests is he does not want to accept wrongdoing. 

Noting the evidence of both the garda and the defendant, Judge Mary Cashin said it was “hard to believe they were in the same place on the same day.”

She said she did not accept that the defendant’s efforts after the incident reflected not having committed an offence. 

She said that in a criminal prosecution, the defendant is entitled to benefit from any doubt the court has, but in this case, she was satisfied Mr had run the light. 

Furthermore, she said Mr Ryan should have stopped when indicated to do so by the guard. 

But, she said the incident did not pose any danger to the public. 

She convicted Mr Ryan and fined him €250 with three months to pay.

The Fixed Penalty Notice was for €80.