Donegal court convicts businessman over uninsured test drive in van

A 54-year-old businessman who told a court he was taking a van for a test drive has been convicted of driving without insurance.

A court case, involving Mark Harkin, dating back to 2017 concluded at Letterkenny District Court before Gráinne Malone.

Harkin, of Sicily Park, Belfast and with previous addresses in Newtowncunningham and Derry, appeared in court charged with driving without insurance on June 29, 2017 in St Johnston.

The court previously heard that Harkin was driving the vehicle when he encountered a Garda, who made a lawful demand for him to produce either his certificate of insurance or exemption. 

The insurance on the vehicle was conditional and was in the name of a company. The condition was that one of three people must be accompanying the driver.

Judge Malone said what was not in dispute was that Harkin did produce a certificate of insurance and that one of the people named in the conditions was one Tara Brady. 

Mr Rory O’Brien, Harkin’s solicitor, sought to have the matter dismissed. 

Gardai said that they were not satisfied that the insurance certificate covered him to drive the vehicle on the date in question.

After Judge Malone ruled that Harkin had a case to answer, the defendant was called to the witness box by Mr O’Brien.

Harkin told the court that Ms Brady was in the vehicle and was the person nominated by the garage owner, a Mr McDaid, to drive the van. Harkin said a trade plate was placed in front of the vehicle.

Judge Malone noted that it was “a pity” that the Garda who made the demand was not in court to be cross-examined. Judge Malone said she had heard evidence from Harkin that Tara Brady was the person described by the Garda as the female in the vehicle. 

While Judge Malone said that the circumstances were that the State was not in a position to contradict what Harkin said, Sergeant Maurice Doyle said he believed that it was incumbent on the defence to call Ms Brady to give evidence. 

“That is nonsense,” remarked Mr O’Brien.

Judge Malone said it seemed that Sergeant Doyle had made a “valid point” and the defence hadn’t produced a person to satisfy the court that the condition of the insurance was met.

Sergeant Doyle said this was a “strict liability issue” and was “on condition that she (Ms Brady) was the person present.

Judge Malone said she was satisfied that the certificate of insurance was conditional and said her court needed to be satisfied “beyond a reasonable doubt”. 

Judge Malone said she was not satisfied beyond reasonable doubt and convicted Harkin.

Mr O’Brien said his client took the vehicle “in good will” for the purpose of a test drive.

Mr O’Brien asked the Judge not to disqualify Harkin, adding that he has a glass staircase business and has “a number of employees”. He said Harkin requires his licence for work purposes.

Last month, Harkin was convicted of an assault when he head-butted the proprietor of a coffee shop in Bridgend. On that occasion, Judge Malone handed Harkin a three-month suspended sentence.

Judge Malone said the court had “difficulty accepting” what Hakin said. 

Judge Malone fined Harkin €300 for driving without insurance, giving him six months to pay,

Harkin was also fined €300 for driving without a seatbelt.

Recognisance, in the event of an appeal, was fixed in Harkin’s own bond of €200.