RSA ‘reluctantly’ withdraws case against test centre operator
The Road Safety Authority has “reluctantly” withdrawn what it said was its first and so far only prosecution against someone for interfering with or obstructing one of its technical inspectors, after the now-retired officer declined to give evidence.
The RSA had brought a prosecution against Anthony McSweeney, who operates Riverstick Motors Ltd in Co Cork, arising out of an incident on December 4, 2015, in which it was alleged that an inspector working for one of its contractors, Bureau Veritas, was impeded when trying to conduct an unannounced inspection of the vehicle testing facility.
Separately, gardaí had also brought a prosecution against Mr McSweeney for assault arising out of the same incident.
Mr McSweeney had denied the charges.
Both cases were due to be heard at Bandon District Court, but Judge James McNulty was told that the alleged injured party, Christopher Brannigan, did not wish to give evidence.
The court heard that a separate compromise arrangement had included that Mr Brannigan would not give evidence, with solicitor Plunkett Taaffe, agent for Mr Brannigan’s solicitor in Tipperary, telling the judge: “It was one of the terms”.
Both Insp Dave Callaghan and solicitor for the RSA, Colette McCarthy, said they had become aware of this only shortly before court proceedings.
Garda witnesses were in court and Insp Callaghan said while there was CCTV footage, Mr Brannigan was the key witness.
Mr Taaffe assured the judge his client had not felt pressurised not to give evidence.
It also emerged that the RSA had previously served notice of intention to suspend the licence of Riverstick Motors Ltd to test vehicles and that Mr McSweeney had brought a judicial review of that to the High Court which had only recently concluded.
Ms McCarthy said Mr McSweeney would contend that the notice was related to the 2015 incident while the RSA would maintain it was on a separate grounds.
“We have never had to prosecute under this section of the Act before and we have not since,” Ms McCarthy said, adding that the RSA was “very anxious” that the message go out that if any of its inspectors are obstructed, a prosecution will follow.
Judge McNulty expressed his extreme displeasure at what he called “the deplorable waste” of time and resources involved in the case, noting that it had been mentioned or adjourned in the intervening years at least 13 times.
He said there would have been a public interest in the case being heard.
After considering the matter, he read out in court Mr Brannigan’s statement to gardaí about the incident, made in January 2016, including how the technical inspector had visited the same premises on a number of previous occasions, as usual unannounced, without any difficulty.
In the statement read in court, Mr Brannigan alleged he was caught by his arm and “forcibly propelled” towards a door.
He told gardaí he had been scared, felt a pain in his chest, and was later found to have experienced a separation of rib and breast bone.
Both the gardaí and the RSA withdrew the charges. Ms McCarthy said the RSA was “reluctantly” doing so.
Judge McNulty said: “All I can do is express the court’s deep disapproval for the waste of public paid time in this matter.”
Mr McSweeney told the judge: “I do apologise to the court.”
