Thousands of prosecutions for speeding could be in doubt after the High Court held that the laser guns used by gardaí to monitor speed breach the requirements of the Road Traffic Act 2002.
Ruling on a case referred at the request of the DPP from Carrick-on-Shannon District Court, Mr Justice O'Sullivan held the use of the laser gun, which does not produce a written or other permanent record of the alleged speed, does not meet the requirements of Section 21 (1) and 21 (3) of the Act.
While new legislation came into effect last month with a view to addressing the "loophole" which led to yesterday's decision, legal sources have doubt whether it achieves that objective and have predicted large numbers of legal challenges to future speeding prosecutions.
The judge also held that the provisions of Section 21 (1) and 21 (3a) of the Act require there must be a formal permanent record from a speed detection device for the purpose of establishing prima facie proof of a speeding offence.
The referral arose from the proposed prosecution of Mr Frank Donlon, with an address at Ard na Cassa, Dublin Road, Longford, on a charge of speeding.
Judge Leo Malone had indicated he proposed to dismiss the prosecution against Mr Donlon but that matter, and a number of other cases, stand adjourned to March 9th pending the outcome of the High Court proceedings.
When the case came before Mr Justice O'Sullivan yesterday, he was told by Mr Feichin McDonagh SC, for the DPP, that the DPP was withdrawing the case stated. Mr Tom O'Malley, for Mr Donlon, said the issues had been referred for the opinion of the High Court and it was appropriate that the questions be answered.
The matter arose after Mr Donlon appeared before Judge Malone to answer a summons that he drove at a speed of more than 40 m.p.h at Attirory, Carrick-on-Shannon, on July 10th 2003. The judge was told that, on that date, Garda Peter T. McDonnell was operating a speed check and was using an LT1 20/20 Ultralyte 100 gun.
It was alleged Garda McDonnell detected Mr Donlon driving at 63 m.p.h. in a 40-mile zone. The garda stopped Mr Donlon and handed him a Fixed Charge notice requiring him to pay a fine. No fine was paid and a summons was then issued returnable for the District Court.
At the District Court hearing, Garda McDonnell had conceded the laser gun produced a digital reading but that it did not produce a permanent record of the speed detected. Judge Malone said he was minded to dismiss the summons because the laser gun could not produce a record as required by Section 21 of the Act but Supt Mark Kerrigan requested the judge state a case for the High Court.
