Dundalk court
A private investigator whose car struck a customs officer, who was knocked to the ground - hitting his head, after he attempted to stop him driving his unregistered car, has been jailed for 18 months at Dundalk Circuit Court.
Sean Hearty (39) of Boyle O’Reilly Terrace, Dundalk had pleaded guilty to a charge of endangerment arising out of the incident in Dundalk on July 17th 2023 but the court heard the offence was admitted on the basis of recklessness, rather than intention.
The defendant’s British registered car had been stopped by Revenue and drove off at speed twice before and on the day in question, after it was spotted parked in a bicycle lane on Jocelyn Street, two customs officers parked up and waited to speak to the driver about paying VRT and importing the car.
CCTV footage played to the court showed the victim, who was in uniform and carrying a high viz vest, put up his hand to stop the driver as he walked towards the car but it made contact with the left side of his body and drove off at speed down Chapel Street.
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The injured party outlined to the court how he suffers PTSD and can’t get out of his head, knowing the impact was going to happen and he couldn’t get out of the way.
Mr. Hearty had 15 previous convictions, all but one as a juvenile and one for no insurance in 2023, after a 20 year gap.
The Defence barrister said his client, who has received threats in his work as a private investigator, thought it was work related, his two year old child was in the back of the car, and he claimed he didn’t realise that he’d hit the man, or that he was a customs officer.
The lawyer added a significant beating at the hands of subversives as a juvenile 25 years ago had a lasting effect on the defendant's mindset in terms of how he perceived the situation in regards to his own safety and that of his child.
Retired Garda Inspector Gerry O’Brien, who is also a private investigator, said Mr Hearty had assured him he wasn’t aware the man was an officer of the State, and added having been one himself he wouldn’t support him, if he thought it was a deliberate act.
In finalising the matter last Thursday, Judge Dara Hayes said the defendant had attempted to evade the customs officer, who was clearly directing him to stop the car.
He imposed a two and a half year sentence, but given he had otherwise not come to adverse attention apart from the insurance offence, he suspended the final twelve months on him entering a good behaviour bond.
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