Dungloe hostel manager who denied charge of driving without seatbelt fined €450

A 57-year-old man who contested a charge of driving without a seatbelt has been convicted and fined €450. 

John Patrick Harding, of The River House, Gweedore Road, Dungloe, was before An Clochan Liath / Dungloe District Court on Tuesday, January 13. He denied a charge of failing to wear a seatbelt at Lower Main Street, Meenmore, Dungloe on December 27, 2024. The offence is contrary to Article 5 and 12 of the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006. 

Garda Daly told the court that he stopped the small white Mercedes van at 10.20pm at the town’s Lower Main Street as a result of his observation.  A Fixed Charge Penalty Notice (FCPN) was issued but not paid. 

Under cross examination from solicitor Robert Ryan, the garda said the van was driving towards him when he noticed that the driver was not wearing a seatbelt. He said the defendant was wearing a white t-shirt, and this had been helpful in observing that no seatbelt was worn. 

The garda then turned around and used his blue lights to indicate to the driver to pull over, pulling in behind him. When he spoke to the driver, he was not wearing a seatbelt.

Mr Ryan said his client was in fact wearing a black hoodie as it was a cold, December evening.

Garda Daly said he was certain that the defendant had been wearing a white T-shirt.

The solicitor put it to him that it would have been very dark at 10.20pm on a December evening, and therefore not possible to clearly see if the driver was wearing a seatbelt. 

Garda Daly replied: “There is very good lighting in Dungloe.”

When asked why he had conducted a roadside drugs test, the garda explained that it was simply due to the driver being stopped for a motoring offence. 

The garda was asked where, specifically, he had observed and stopped the vehicle. He repeated that he had observed and stopped Harding on Lower Main Street, Dungloe. 

When asked if he had observed anyone else in the van, the garda said: “My evidence is only in relation to the driver not wearing a seatbelt.”

Mr Ryan said: “He will say he was stopped and you came from behind and he had removed his seatbelt.”

Harding then took the stand, where he faced cross examination from Inspector McGonigle.

The defendant said he was dropping his friend home as he didn’t want her to walk in the dark.

“I drove straight down, stopped my van, and then a garda came and said he wanted to check my details,” said Harding. “He checked my windscreen, checked my tyres, swabbed me, then said he was going to do me for not wearing a seatbelt.”When asked why he did not pay the FCPN, Harding replied: “I  didn’t feel I was liable so I wasn’t going to pay it.”

Inspector McGonigle said: "Garda Daly said he was going towards you. As he passed you, he saw that you weren’t wearing a seatbelt.”

Harding replied that he had not seen a patrol car. 

“Were you talking to your passenger?” asked Inspector McGonigle. “Is that why you didn’t see it?”

The defendant repeated: “I didn’t see a patrol car.

“That beggars belief,” said the inspector. “Why did you not see it?”

Harding responded: “Maybe because there wasn’t one.”

Inspector McGonigle pointed out that the garda had put on the lights and siren in order to stop the defendant.

Harding, however, responded: “He put on the lights after I was stopped.”

The inspector asked: “You are saying you didn’t see patrol car, didn't hear the siren, didn’t see the lights. You are saying you stopped and Garda Daly just happened to stop behind you?”

Harding replied that he had stopped there to let off my passenger at her home.  

“Are you asking the court to believe that you stopped and this patrol car just appeared out of nowhere?” asked the inspector.

Harding replied: “He came along from behind me.”

Mr Ryan said there was a conflict of evidence between that of his client and that of Garda Daly. 

“In circumstances where it was dark at night, in the middle of winter, my client is clear he was wearing his seatbelt, clear what he was wearing, clear in his memory of what happened,” said the solicitor. 

“He does not understand why he was swabbed for drugs. 

“The garda does not know exactly where he stopped the vehicle. 

“It is really a conflict of evidence here.”Inspector McGonigle responded that the area was well lit, and that the garda’s evidence was very clear. 

Judge Daly ruled: “I find Garda Daly’s evidence very clear and very compelling. He is clear where he was and what he saw.

“He saw him from the front and when he went to meet the car, still wasn’t wearing a seatbelt. 

“The evidence of Mr Harding was to the contrary. He didn’t see the patrol car, he says the patrol car came from behind which is in clear conflict. 

“His evidence breaks down when he said he had pulled in to let his passenger out, she had to go out, and all that would have taken time. He says Garda Daly then turned on his blue lights for reasons that would be inexplicable to me. I find the state's evidence stronger beyond reasonable doubt.”

The court heard that the defendant had previous convictions for driving without insurance or tax, and failing to produce insurance, and for drink driving. 

Mr Ryan told the court that his client was a local man who manages a number of hostels in Donegal, and the van belonged to his employer.

Judge Daly imposed a conviction and fine of €450.

She set recognisance at a bond of €150 in the event of an appeal being lodged.