Solicitor told she was 'wearing two hats’ in court over Laois speeding case

A solicitor who attempted to represent her mother and accept penalty points was told she was “wearing two hats” in court. 

Frances O’Donovan of Ballingirlough, Holycross, Bruff, Limerick was summoned to court in relation to a speeding fine. 

Her daughter Ashling Walsh explained that her mother was in Croatia working for the Department of Foreign Affairs. She told the sitting of Portlaoise District Court that she was a solicitor and she wished to represent her mother and that she wished to nominate herself as the speeding driver. 

“I don’t think that is appropriate,” said Judge Nicola Andrews. 

“In those circumstances, she instructs me to enter a guilty plea,” Ms Walsh replied. 

“You are wearing two hats,” said Judge Andrews. She advised the solicitor that her mother was entitled to send a solicitor on her behalf. She asked her to discuss the matter with Solicitor Philip Meagher. 

When the case was called again, Mr Meagher said “Ms O’Donovan’s daughter indicates that it was in fact her that was driving on the date in question.” 

He said they only became aware of the issue when the summons arrived and there was no option to nominate a driver on the summons. 

“That is only included in a fixed charge penalty notice,” Mr Meagher explained. 

Judge Andrews said a fixed charge penalty notice had been issued in relation to the speeding. 

Mr Meagher said the defendant moved abroad last year and rented her home and there was an informal arrangement for the tenant to pass on any mail. However, he said they never received the fixed charge penalty notice. 

“We have been prejudiced, we would say, by not being able to nominate her daughter,” he said. 

Mr Meagher said the fixed charge penalties are sent by regular post. He said his client was adamant that the notice wasn’t received. 

The court was told the offence related to a 131D car registered to the defendant which was detected travelling at 130kph in a 120kmh zone on the M7 at Meelick, Laois on October 25 last year. 

Ms Walsh took to the stand and said the car belonged to her mother but she was a named driver. She said she had been driving from Limerick to Dublin  on the date of the offence. 

She said her mother had moved abroad in August and she would collect mail from the man who rents the property on a regular basis as she only lives three kilometres away. “No notice was received by me,” she said. 

She told the court she would have accepted the fine and the penalty points had the notice arrived. 

Judge Andrews said the matter had taken up court time. She said she was prepared to strike the matter out if €700 was paid to the court poor box but she warned it must be dealt with urgently. The money was paid over before the court sitting ended and the case was struck out.