AN 81-year-old man who pleaded not guilty to parking on a double yellow line produced a letter to the district court from Cllr Paul Mitchell, which he claimed proved that there had been no lines painted on the road when he was parked there.
Jimmy Dunne, of The Old Pound, Ballybrittas, was charged with the offence at the Link Road, Portarlington, on October 8 last year.
The prosecuting officer, Garda Mark Ryan said that on the day, Mr Dunne refused to answer him when he asked him why he was parked on the double yellow lines outside a doctor’s surgery.
“I issued a fine, but he would not answer me,” said Garda Ryan.
Defending himself, Mr Dunne informed Judge Mitchell that the double yellow lines “went on afterwards”.
“The double yellow lines were put on four or five days after. I have a letter here from a Portarlington councillor,” he said.
Mr Dunne admitted being parked outside the doctor’s surgery, but there was a difference of opinion between him and Garda Ryan as to where exactly he was parked. Judge Mitchell asked Mr Dunne to indicate on a photograph supplied by the defendant where he had been parked.
“This is going to be like x marks the spot,” remarked Judge Mitchell.
After viewing the photo, Garda Ryan said that Mr Dunne had been parked right outside the door of the surgery.
“The garda is not telling the truth,” retorted Mr Dunne. “I was definitely where I say I was.”
Judge Mitchell asked Garda Ryan if he accepted what Cllr Paul Mitchell said in his letter, that the yellow lines were repainted on October 11, some three days later.
“They were faded, but not faded where Mr Dunne was parked,” said Garda Ryan.
Mr Dunne repeated that he had not been parked on double yellow lines.
“I wasn’t on a double yellow line, I’m telling the truth,” he said.
His wife also took the stand, to testify that Mr Dunne had dropped her off as indicated in the photograph.
Judge Mitchell ruled that it was difficult to say for sure, but based on Mrs Dunne’s testimony and the fact that the lines were repainted by the council, he dismissed the charge against Mr Dunne.