Evidence given in Midlands court was 'cock and bull story'
A MAN convicted of breaking the speed limit and driving with illegally tinted windows was given until January 2023 to donate €1,000 to the court poor box or be disqualified from driving.
Before the court recently in Tullamore was Jonathen Temperli, Ardnurcher, Horseleap, Co. Westmeath.
Judge Andrew Cody described Mr Temperli's evidence as a “cock and bull” story and said he had called Garda Patrick McGee's credibility into question.
In his evidence Garda McGee said that on March 16, 2021 he stopped a Mercedes car on the Srah road, in Tullamore. The driver of the vehicle was Mr Temperli who had been travelling at a speed of 75k in a 50k zone. In addition both the passenger and driver side windows of the vehicle were tinted.
Garda McGee told the defendant he was going to carry out a test on the windows of the car. He told Judge Cody that the car windows must have 65% visibility to pass.Garda McGee's colleague, Garda Cullinan drove back into Tullamore to get the window testing equipment, which he said took about 10 to 15 minutes.
However, Mr Temperli lowered both the driver and passenger seat windows and refused to allow the test to be carried out. In addition he refused to wear a facemask.
The defendant said he suffered from migraines and asthma and was on three types of medication. He was on his way to a medical appointment. Garda McGee said he allowed him to drive the car away to his appointment.
On May 11, 2021, Garda McGee, stopped a Mercedes on the Roscrea Road in Birr which was speeding. He said again he noticed the windows on the car were tinted. He said the female driver said she had the loan of the car. Garda McGee rang the owner who was Mr Temperli and he became quite abusive on the phone.
Solicitor for the defendant, Aisling Maloney handed photographs of the car to Judge Cody and said Mr Temperli would say that at a certain angle the windows can look tinted. Ms Maloney said her client would also say he got out of the car and told the garda to do whatever tests he wanted to do.
Taking to the witness stand, Mr Temperili said he let down the window when he was pulled over by Garda McGee. He said he had a chest infection and told Garda McGee he was on his way to an appointment.
He said he was asked for his licence and Garda McGee also said you “have a HGV licence, I want to know who you work for.”
Mr Temperli said he was taken aback by this and didn't think it was relevant. He said at this stage he was nearly an hour at the side of the road. He said he could see Garda McGee taking a photo of the driving licence, but he said Garda McGee told him he was scanning it. Mr Temperli said when he asked for his licence back he was told ''you will get it when I'm good and ready.''
Judge Andrew Cody described Mr Temperli's evidence as a “cock and bull story” and said he had dug a hole for himself. He said he was considering a two year disqualification.
He initially imposed a fine of €2,000, however, Mr Temperli said he was on the breadline .
Judge Cody reduced the fine to €1,000 and adjourned the penalty until January, adding that if he didn't make the contribution on that day then he would disqualify him for two years.