A MOUNTMELLICK man had a charge of not having a silencer fitted to his car struck out at the recent district court, as Judge Catherine Staines ruled that while she believed the gardaí’s evidence that the car was too noisy the defendant had the right to have a proper test performed on the noise levels of his vehicle.
Padraig Campbell, 1 Garron, Mountmellick, was charged with the offence at O’Connell Square, Mountmellick, on October 5 last year. Garda Darrell Rigney gave evidence that following complaints from residents, he found Campbell’s car “ticking over” with an excessively loud exhaust.
Defence, Mr Philip Meagher said the car had passed its NCT weeks before. He said that there were no modifications made and that was how Campbell had got the car.
Garda Rigney did not accept defence’s claim and said the noise was “way in excess” of the legal limit. He said there are tests which can be carried out, but admitted he had not tested the defendant’s car.
Judge Staines ruled the test should have been done and struck out the charge.