A man has been fined €3,000 after he drove off from a Customs Officer who was questioning him in relation to VRT.
William Hagan of 10 Elmwood Park, Buncrana was accused of failing to comply with a Revenue Officer on July 22, 2014, at St. Mary’s Road, Buncrana, when he appeared before Buncrana District Court.
Hagan denied the charge.
Customs Officer David Flynn told the court that he was on patrol on the day in question when he saw a northern registered car which was coming from the Cockhill direction of the town.
The court heard that the Customs had been aware of the Northern registered car previously as it had been reported to them by another local person.
Officer Flynn stopped the car at St. Mary’s Road to carry out a ‘VRT enquiry’. He said the driver was agitated and identified himself as James Hagan with an address in County Down.
“He said the car was owned by his mother at the same address,” said Officer Flynn.
“He had no ID on him but he told me that he lived permanently at the address.”
The Customs Officer revealed that he joined at this stage by Bernadette Murray, another Customs Officer, who questioned Mr. Hagan about benefits that he may or may not be in receipt of.
“She asked him if he was in receipt of any benefits in the State and at that he opened the car, sat inside and locked the doors,” said Mr. Hagan.
Revenue official Bernadette Murray told the court that she contacted Eunan McElwaine at the social welfare office and asked him to check out James Hagan.
“I put it to him that he was William James Hagan, that he lived in Elm Park Buncrana and that he was in receipt of social welfare,” said Ms. Murray.
The court heard that while in the car Mr. Hagan attempted to contact his mother, the registered owner of the vehicle, but was unable to get her. Mr. Flynn said he told Hagan that he wasn’t interested in his mother but that there was an issue with him driving the car in Buncrana.
“At this the car in front of his pulled away and I could see him putting his hands on the keys in the ignition and as he started it I stood in front of the vehicle and told him to keep it stationary,” the Customs officer explained.
“But he took off, his tyres were screeching and I had to push myself out of the way on to the footpath. I was afraid if I stayed where I was I would have been run over.”
Officer was ‘in his face’ – claim
Defence solicitor Pat McMyler claimed that Mr. Hagan ‘objected’ to the Customs officer ‘being in his face’, however Officer Flynn denied this. Mr. McMyler also claimed that Officer Flynn was not in uniform, something which Officer Flynn also denied.
Mr. McMyler asked Officer Flynn if the Revenue established who owned the vehicle after the report was made about it. However he said that ‘ownership had nothing to do with it’. He said the issue was that Mr. Hagan was a State resident and was in possession of the vehicle.
Mr. McMyler said he thought it was ‘incredible that two experienced officers’ did not carry out further enquires as to who owned the car. He said his client was fully entitled to drive his mother’s car in Buncrana and had only become involved in the situation because someone ‘maliciously’ made a report about him.
Mr. McMyler argued that his client was entitled ‘to go about his business’ and while it might have been ‘rude’ to drive off on Mr. Flynn, he was not breaking the law.
“There is no evidence that he failed to comply with a statutory requirement. There was no statutory power invoked,” claimed Mr. McMyler.
“Also neither of the two officers could tell the court with any certainty that my client heard them.”
Prosecuting solicitor Ciaran Liddy said there was evidence that Mr Hagan’s window was partly open. He said that because he disengaged with the Revenue officers were unable to ascertain his intent to drive the car.
“He may have been entitled to drive the car, we don’t know,” said Mr. Liddy.
“It was put to him that he was a State resident and he drove away.”
‘Clear evidence’
Judge Paul Kelly agreed with Mr. Liddy, saying Officer Flynn gave ‘clear evidence’ as to why he stopped him and what he was doing.
Mr. McMyler asked the court for leniency when sentencing. He said the mandatory penalty was €5,000, which could be reduced to €2,500 by Judge Kelly. He said his client, a father of one, was earning a minimum wage salary and this penalty would have a huge affect on him.
Judge Kelly said the court must distinguish between someone who pleads guilty and contests the charges against him.
“The defendant’s behaviour does him no favours – the logical thing to do is to co-operate with the Customs officers and put your argument to them,” said Judge Kelly.
“But instead he chose to absent himself from the situation. He drove off from Officer Flynn and he knew what he was doing. He was determined not to have the car seized.”
Judge Kelly said it was unfortunate that there were ‘mandatory penalties’ in Revenue cases such as this as it limited the court’s power and discretion.
“I can imagine that even the mandatory penalty would have present a difficulty to Mr. Hagan but I have to distinguish between him and someone who pleads guilty at the first opportunity.”
Judge Kelly fined Hagan €3,000 and gave him six months to pay the fine.
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