Defendant lucky to be dealing with decent Guard – Judge

A FATHER who was issued double fines for having two sons unsecured in the back of his car was told by a Judge that he was lucky to be dealing with a decent Guard when one of the fines was withdrawn.

Pawel Gorzkiewicz, 28 The Waterfront, Gort Road, Loughrea appeared before Judge Tom McSharry at Loughrea District Court charged with failing to have a child secured with a seatbelt in his car.

However, representing himself, the defendant insisted he had already paid the fixed penalty issued by the Garda who stopped him, and had a receipt to prove it.

But, as it turned out, there were two fines issued at the same time, as Garda Shane Lambe had found two children unsecured in the car. The defendant had paid one fine but the other was still outstanding and this is why he was summoned to appear in Court.

Gorzkiewicz was adamant that only one child was not wearing a seatbelt. His eight-year-old son had taken his belt off as he was distracted by something but his ten-year-old was definitely secured, he argued.

Judge McSharry offered the defendant time to think about his situation, advising him he was entitled to a solicitor to represent him.

“No, no, there’s nothing to think about. I paid my fine,” the defendant replied.

The matter was briefly adjourned and when it was called again Garda Lambe told the Judge that as one fine had been paid and there was some confusion, he would withdraw the second and the matter could be struck out.

“You’re very lucky to have one decent Guard dealing with this and I hope you appreciate this,” the Judge told the defendant and struck out the charge.

He added: “I hope you understand now that when you have children in a car it is your responsibility to make sure they are secure. Make sure this doesn’t happen again.”

Gorzkiewicz assured him he would.

 

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