Judge in Tipperary orders a man to pay compensation despite the victim not asking for it

A judge at Thurles District Court has ordered a driver to pay €1,000 in compensation to a man whose car he hit while intoxicated despite no request for money. 

Judge Elizabeth MacGrath told Martin Ivers, 37, of 1 The Rockies, The Commons, that although the victim said he wasn’t looking for money, she thought he should have to pay it anyway.

“You have to feel the pain of losing money because that is what the victim has,” said Judge MacGrath. 

PARKED 

Gardaí told the court that on September 24, 2020, they were called to the scene of an accident.

  They said one car, which was parked legally, had substantial damage to the back. A second car was parked behind with damage to the front. Gardaí told the court that the driver of the second car “from his demeanour” appeared intoxicated but was compliant. Following his arrest, the driver tested positive for cocaine, diazepam and cannabis. 

€13,000 damage

The driver of the first car was a local business owner. He told the court that the car was parked when the defendant hit it. He said the accident had caused €13,000 worth of damage to the vehicle, and he had only had it for six months. 

As a result, he told the court, his insurance went up, and he had no car for six weeks.  The injured party told the court that because of the crash, he had to take out a loan to pay off the car. He said he had incurred a further €2,000 in costs not covered. 

The solicitor for the defendant, Colm Morrissey, asked if the witness had brought any documentation to cohorate these damages. 

The injured party told the court he was not looking for compensation and that he had only come to court to give witness testimony.

 Mitigation

In mitigation, the defendant’s solicitor told the court that his client had suffered from an addiction problem, but had sought treatment last year.

 He has since moved to Kerry to work on his sobriety and does not have substantial means. The solicitor also pointed to the man’s guilty plea. 

Judge MacGrath convicted the man under Section 4 of the Road Traffic Act and disqualified him for one year  and imposed a €150 fine.  In relation to the compensation, Judge MacGrath put the matter back to October, where the defendant must produce €500 of the €1,000 compensation.