Man convicted for driving with no insurance and no licence while disqualified successfully appeals Kildare court sentence
CASE UPDATE - CORRECTION BELOW
CORRECTION: We have been informed that while appeal was set for Mr Harty, he did in fact enter custody as a result of Judge Zaidan's verdict. We apologise for the error.
A man from Newbridge has successfully appealed a sentence and driving ban handed down to him from a Kildare judge on Thursday, May 16 last.
A probation report was previously ordered last year by Judge Michéle Finan for James 'Jimmy' Harty, of 10 Drinnanstown Court in Newbridge.
On the latest court date (Thursday, May 16 last), the 48-year-old was initially convicted by Judge Desmond Zaidan for driving without a valid licence and insurance, and also of being in breach of a 10-year driving disqualification in Newbridge.
Gardaí told Judge Zaidan that on December 19, 2022, gardaí observed Mr Harty driving at Francis Lane in Newbridge, and stopped him, which is when the offences came to light.
A probation report was handed in to the judge, but he noted that it was a negative one.
Gardaí said that Mr Harty has a total of 120 offences.
Of these offences, 86 are for road traffic matters, while 16 of these are for driving without insurance.
Speaking directly to the judge, Mr Harty blamed his behaviour on the date in question on his consumption of alcohol.
Defending solicitor Tim Kennelly told Judge Zaidan that his client had previously been in prison for a dangerous driving offence, and asserted: 'Jimmy needs help, not more prison.'
The judge replied to Mr Kennelly: "I’d rather see him go to jail, than for him to (accidentally) kill someone (while driving)."
He added: "If you’re disqualified from driving, don’t drive, that’s it."
"He’s been good over the last 18 months, though... that’s probably the longest he’s been good, since primary school I’d say!" Mr Kennelly jokingly added.
Mr Kennelly asked Judge Zaidan to place his client on a peace bond, but the judge declined this.
"Sometimes, you have to face the music," the judge remarked.
Mr Kennelly also asked the judge to adjourn the case for one week for sentencing, but the judge also declined this suggestion.
Judge Zaidan initially imposed a seven-year driving ban and a five-month custodial sentence on Mr Harty.
However, a short while after the case came to a conclusion, Mr Kennelly returned to the court and informed the judge that Mr Harty had taken up bail in the case, and thus successfully appealed his conviction.