A judge has described as ‘bizarre’ a road traffic case where a Co. Galway motorist has told a court that the car he was driving in is registered to his six year old daughter.
At Ennis District Court, Patrick Egan (36) told the court that the car that he was stopped in during a Garda insurance check in the east Clare village of Scarriff last November “is my daughter’s car”.
He told the court: “That was her car.”
Asked by Judge Alec Gabbett how old his daughter is, part time security guard at Citywest in Dublin, Mr Egan replied ‘six’.
Mr Egan of St. Joseph’s Park, Killimor is before the court on a no insurance summons from November 26th at Main Street, Scarriff, Co. Clare concerning a 10LK registered car.
Sgt Brian Duddy told the court that Mr Egan told him on the date that the car was registered to his six year old daughter.
Sgt Duddy told the court that has been in contact with Mr Egan’s insurers and they state that he was not insured to drive.
Judge Gabbett said it is not possible for a six year old to own a car “as she can’t enter into a contract - she has no capacity. How did she sign the green log book?"
Judge Gabbett said: “A child can’t own a car by law. If I was cynical I would say that the car is in your daughter’s name to avoid penalty points and a conviction."
He said: “Speeking tickets will come to a six-year old and the same issue applies where the six year old can’t get penalty points either. I have that suspicion in my mind which is concerning me."
Judge Gabbett said: “And I can’t get a six year old into a witness box to ask her if it is her car and that she wanted it because six year olds can’t give evidence."
Judge Gabbett said that it is “hugely problematic” Mr Egan’s claim that his young daughter owns the car. Judge Gabbett described the case as 'bizarre'.
Judge Gabbett stated that even if the car is registered to a six year old it would invalidate any insurance policy.
Judge Gabbett said that he would assign Mr Egan legal aid to be able to get proper legal advice.
Solicitor, Stiofán Fitzpatrick said that he is to represent Mr Egan and requested an adjournment. He agreed that the case is “bizarre” and Judge Gabbett said: “It seems to be a gormless type defence. I am not entirely satisfied it is being done with malice."
Mr Fitzpatrick said: “There is no malice” and Judge Gabbett replied “pure and utter ignorance of the situation.”
Judge Gabbett said: “As far as I am concerned the offence has been committed and what I have to decide is whether he is going to be disqualified or not disqualified.”
Judge Gabbett said: “I have yet to meet a man who actively put a car in his daughter’s name at the age of six.”
Judge Gabbett adjourned the case to Killaloe District Court sitting in Ennis on November 4th.
