Longford Circuit court: Appellant given opportunity to make charity donation

A “sprightly” man who appealed a District Court conviction for not wearing a seat belt was given the opportunity to pay a charity donation and avoid a conviction.

William McGinley (81) of Crystal Manor, Shroid, Dublin Road, Longford made his appeal to Circuit Court Judge Kenneth Connolly.

State witness Garda Jasmina Milincic gave details of her interaction with the appellant on August 8, 2021 at Ballymahon Street, Longford.

The officer was on patrol when she observed a silver vehicle double parked.

Garda Milincic told the court she made a hand gesture to the occupant to move on.

The driver, Mr McGinley, was not wearing a seatbelt and made no attempt to put it on. He drove off down Ballymahon Street.

The patrol car turned on the blue lights and stopped the silver vehicle and spoke to the driver on Killashee Street.

Garda Milincic told Mr McGinley a Fixed Charge Penalty notice would be issued for not wearing a belt, but the appellant argued that he was parked and not driving at the time. The officer explained the driver was obliged to wear a belt while in the driver's seat.

Under cross examination by counsel for the appellant, Niall Gaffney BL, Garda Milincic said the double parked vehicle was blocking the progress of traffic and she made her observation from the passenger seat of the vehicle.

The witness said after the hand gesture the appellant moved forward “20 or 30 metres” before the blue lights of the patrol car were activated.

Mr Gaffney handed in a letter to the court from Mr McGinley's GP explaining that the appellant had difficulty wearing a safety belt.

The court was told a FCPN went unpaid and the appellant did not appear for the District Court hearing.

Mr McGinley took to the witness box to give his evidence. He said: “I was parked at Ballymahon Street when she hit on the side of the window.

“I pulled out and drove on and she followed me onto Killashee Street. I was on my way out of the car and had my leg out the door when she came up to me.”

Judge Connolly asked the appellant to refer to the officer as “Garda” rather than “she”. The appellant said he was “60 years driving”, had driven a 40 foot truck in the past and “never made a mistake in my life”.

Mr McGinley said a back injury as a result of a road traffic accident means he is in discomfort when he drives and he does not wear it for short distances, but puts it on when going on long journeys. The defendant said: “I was wearing a belt on that day because I was going to Roscommon.”

Insisting he was telling the truth Mr McGinley added that “you can't put two right shoes on a left foot”.

Counsel said his client is dependent on his car to get around and “cares for his wife 24 /7”.

Having considered the facts Judge Connolly accepted the evidence of Garda Milincic, however he said he would grant the appeal if the defendant made a donation of €200 to Longford Gardaí's Irish Cancer Society Charity fundraising appeal.

The judge concluded by observing that Mr McGinely was “a sprightly man for his age”.