A Dublin man, who claimed his cousin used his name when he was twice caught travelling on the Luas without tickets, has avoided being fined up to €2,000.
Lee Power from Kilmartin Drive, Tallaght told Dublin District Court he thinks his cousin had used his name after they had a falling out.
Dismissing the case, Judge John Brennan told the young man, "hopefully matters can be sorted out with the cousin at some stage".
The prosecution, which can result in fines of up €1,000 per offence, was brought by Transdev which operates the Luas tram service in Dublin.
The court heard evidence from revenue inspectors who said on December 5th and December 10th last, between the Fettercairn and Belgarda Luas stop and Fettercairn and Kylemore Luas stop, a passenger who did not have a valid ticket gave the accused’s name.
At work
Mr Power told the court he had been in work on the first date and added that a week before he fell out with his cousin and assumed that was the person who gave the inspector his name.
Judge Brennan noted the prosecution could not give identification evidence and dismissed that charge before proceeding to the deal with the second alleged offence.
Cousin’s handwriting
The court heard that on the second date a ticket inspector was given the defendant’s name by a person who claimed he had left his leap card at home. The inspector said that his notes showed he had been given work ID by the man but he had no other evidence.
The defendant told the court he does not have work ID and when shown a copy of the €45 standard fair notice handed out on the date, he said it had his cousin’s handwriting.
Dismissing that charge as well, Judge Brennan said he accepted the defendant’s evidence.