A district court judge has imposed an effective driving ban on a motorist charged with 10 dangerous driving offences, even before the driver has decided whether to enter a guilty or not guilty plea.
At Ennis District Court, Judge Alec Gabbett ordered that, as part of bail terms for Karl Tadiwa Takawira Mundawarara (25), who has an address in Ennis, he must undertake not to drive a vehicle. Judge Gabbett stated, “It is either that or he goes into custody.”
The judge explained that he was imposing the bail condition on the grounds of public safety. “This is a public safety issue,” he told the court.
Solicitor John Casey, representing Mr Takawira Mundawarara, argued that the court may be “jumping the gun” since these are only charges at the moment. Mr Casey also said he did not want to enter a plea as he had not yet received Garda disclosure of the evidence against his client.
Judge Gabbett imposed the effective driving ban pending the conclusion of the case after Sergeant John Burke informed the court that Mr Takawira Mundawarara faces 10 separate dangerous driving charges.
In addition to the dangerous driving offences, Sgt Burke revealed that Mr Takawira Mundawarara is also facing one drug possession charge related to €100 worth of cocaine.
While emphasizing that Mr Takawira Mundawarara is entitled to the presumption of innocence, Judge Gabbett acknowledged the seriousness of the situation, noting that it is concerning to face 10 dangerous driving charge sheets in a single day.
The charges arise from an incident on June 29th of this year involving dangerous driving across 10 separate townlands in and around Ennis. These areas include Circular Road, Claraabbey, Ballybeg, Clonroadmore, Tiermaclane-Ballyea, Cahercalla More, Kildysart Road, Drumbiggle, Cahercalla Beg, and Ballymacaula.
Judge Gabbett described the incident, saying, “He was tearing through town in residential areas, being chased?”
When asked how Mr Takawira Mundawarara came to a stop at the end of the Garda pursuit at 5am on June 29th, Sgt Burke responded, “He crashed.”
Judge Gabbett commented on the unusual nature of the multiple charges: “You rarely get 10 dangerous driving charges and this was all for €100 worth of cocaine?”
Solicitor John Casey explained that had his client stopped when first requested by the Gardaí, he would have faced only a minor drugs possession charge.
Addressing the court, Judge Gabbett said that for a first-time offender, he would likely be looking at a contribution to the Court Discretionary Fund (commonly known as the Court Poor Box). However, dangerous driving penalties differ significantly.
“The penalty for dangerous driving is a two-year driving ban, and with 10 charges, he could be off the road for a long time,” Judge Gabbett stated.
While reiterating that these are only allegations and Mr Takawira Mundawarara is entitled to the presumption of innocence, the judge inquired whether an endangerment charge could also be pending. Sgt Burke confirmed that no such charge would be made as the Director of Public Prosecutions (DPP) has already provided directions in the case.
Judge Gabbett also emphasized that the case should not be adjourned for any lengthy period. “I don’t want to keep him off the road for longer than needs be if he is not guilty,” he said.
The case was adjourned until October 3rd. Until then, Judge Gabbett ruled that Mr Takawira Mundawarara is to remain off the road.
https://www.breakingnews.ie/ireland/judge-imposes-effective-driving-ban-on-man-25-facing-10-dangerous-driving-charges-1811084.html
