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The following report appeared in the Irish Independent this morning:
"Shock ruling on speed guns will force a change in law
THE Government pledged last night to change the law rather than let the penalty points system collapse in the wake of a landmark court case which rejected Garda radar guns as legally unreliable.
Legal advice is being sought from the Attorney General over any necessary changes to the Road Traffic Act following a district court judge's dismissal of a speeding offence on the basis of a radar gun reading.
Judge Con O'Leary dismissed the case at Cork District Court on the grounds that a radar gun does not produce any actual record of the speed in question, required under the Act to allow the defendant prepare a defence.
The ruling appeared to threaten the basis of much of the penalty points scheme. However, the Government last night pledged that it would change existing legislation or incorporate changes into the new Road Traffic Bill 2004 coming before the Dail shortly.
If necessary, separate legislation will be drawn up to close the loophole. The new Road Traffic Bill wraps up outstanding elements such as banning the use of hand-held phones by drivers.
The Department of Transport warned it would challenge bids by motorists to have their slate wiped clean of penalty points in similar cases. However, another such case has been adjourned with a ruling due in July.
Under current legislation, motorists faced with incurring penalty points are entitled to a printed document indicating the offending speed in case they wish to challenge the finding. Garda radar guns are not capable of producing such a record.
A Department of Transport spokesperson warned it "would appeal any speeding cases successfully won on these grounds and will also consider taking a test case before the High Court seeking clarity on the issue".
Departmental statistics show over 95pc of total penalty point notifications issued up to April 6 last related to speeding. The majority of the 133,565 offences were detected by radar guns.
The department spokesperson told the Irish Independent yesterday that the Act requires documentary evidence which could relate to the summons arriving in the post. However, it could also be interpreted as a print-out from the radar gun.
The controversy first arose when a motorist appeared before Cork District Court judge, Con O'Leary, in March charged with driving at 80mph in a 60mph zone on the Mallow Road, Cork on June 5 last year.
A summons was issued but the motorist, Cork man John McGovern, successfully argued that he should have been given a record of his speed to allow him prepare his defence. Judge O'Leary agreed and, warning all radar gun prosecutions were equally flawed, dismissed the case.
In a second case, Dun Laoghaire solicitor Barry McCarthy represented himself before Judge Michael Pattwell in Mitchelstown District Court two weeks ago charged with driving at 73mph in a 50mph zone in Co Cork. He was issued with a fixed notice but never given a copy of the radar gun's actual reading. That case has been adjourned until July 2."
