The defendant was stopped in his van at the Diamond, Carndonagh earlier this year.
A Carndonagh man, who was stopped by the guards for driving his van without insurance, has told a court that he assumed he was covered at the time, as the holder of a number of other policies.
Michael Kearney, of Hillside, Glentogher, Carndonagh, pleaded guilty to charges of no insurance and failure to produce insurance when he appeared before Carndonagh District Court, which continues to sit at Buncrana Courthouse.
The 40-year-old defendant indicated how he wished to represent himself in court, despite the misgivings of Judge Monika Leech, who warned him that he could be facing a disqualification.
Sergeant Conor Mulkerns summarised the evidence in the case. He outlined how Garda Patrick McHugh had been on duty at the Diamond, Carndonagh, on Friday, March 7, 2025, when the offence was detected.
That evening at 9.30pm, Garda McHugh stopped a 2013-registered white Ford Transit van. The driver was Michael Kearney, and the vehicle’s insurance details were showing up as expired.
A lawful demand was made for Mr Kearney to produce a certificate of insurance to a Garda Station within ten days; he nominated Carndonagh Garda Station, but he failed to produce any documentation.
Sgt Mulkerns concluded his evidence by telling the judge that the accused had no previous convictions.
Mr Kearney was then sworn in to give evidence in his own defence. He told the judge how he had three other policies at the time, including a tractor policy, a car policy, and a farm policy.
“I assumed I was covered in the van too, but obviously I wasn’t,” he testified.
Mr Kearney said he was going home after work that evening when he was stopped by the guards. He confirmed that he is the owner of the Ford Transit and that he got insurance for the vehicle the following Monday morning.
Judge Leech said she would give the defendant the benefit of the doubt and not impose a ban on him for a first offence, given the manner in which he had dealt with the case.
“It seems that this man has three policies of insurance. He tells the court under oath that he renewed his insurance the following Monday. There is a discretion open to the court in terms of not disqualifying him.”
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The judge spoke directly to Mr Kearney: “On the basis that you have entered a plea of guilty and this is your first conviction – and on the basis of your honesty, I’m going to leave you without a disqualification on this occasion.”
“However, if you come back before this court – or any court – within a period of four years, you will be disqualified, and that is a very serious matter,” she warned.
Judge Leech imposed a fine of €450, giving Mr Kearney a deadline of three months to pay it.
She struck out the separate charge of failure to produce insurance.
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