Freeman defences not very successful in court

Discussion in 'Askaboutlaw' started by Brendan Burgess, Dec 20, 2016.

  1. Brendan Burgess

    Brendan Burgess Founder

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    ‘Human being’ driver ate ice cream and read book

    A motorist who drove while on a mobile phone was questioned by a garda on the side of the road but he reacted by eating a small tub of ice cream in front of the officer.

    Later, when Garda Kieran Crowley informed Patrick Lynch, aged 44, of Brookville, Ballygarvan, Co Cork, that he was seizing the Citroen Dispatch van, the defendant cut off all communication with the guard and began reading a book.

    During the incident, Lynch was asked for his name on a number of occasions and the only answer he gave was “human being”.

    He was prosecuted yesterday for using the phone while driving, having no tax, and obstructing the garda, for which Judge Marie Keane fined him €350, €250, and €750 respectively.
     
  2. Brendan Burgess

    Brendan Burgess Founder

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    What is astonishing is that he was not disqualified for driving for this series of offences.

    Brendan
     
  3. Gordon Gekko

    Gordon Gekko Frequent Poster

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    I wonder what the plan was for the ice-cream had he not been stopped.

    A bizarre story.

    Bizarre behaviour rightly hammered by the Courts.

    That Freeman stuff is a refuge for clowns.
     
  4. Andy836

    Andy836 Frequent Poster

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    Seconded. It's ridiculous that the courts humour these people.
     
  5. newtothis

    newtothis Frequent Poster

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    Why would someone be disqualified for driving while on a mobile? As far as I know, nobody else is.

    Yes, he clearly acted the maggot, but was fined accordingly.

    Suggesting disqualification sounds a bit drastic to me....
     
  6. thedaddyman

    thedaddyman Frequent Poster

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    Personally I think anyone got using a mobile phone should be put off the road. As a daily commuter into Dublin hardly a week goes by when I don't see some pathetic moron struggling to stay between the white lines whilst holding a phone. In this day and age of Bluetooth and hands-free, there is no excuse for it. As for the muppet who drove straight through a roundabout and nearly took the nose off my car this evening whilst holding a phone to his ear in his right hand (so he didn't even see me), I really wish I'd got his number but I was too busy slamming on the brakes. :mad::mad::mad:
     
  7. odyssey06

    odyssey06 Frequent Poster

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    What about the 5 points for being convicted of driving while holding a mobile phone?
    http://www.rsa.ie/Documents/Licensed Drivers/Penalty Points Offences 17 April 2016.pdf

    I'm not even sure what a freeman defence is, in this case it seems to mean being free to be stupid and ignorant and obnoxious!

    Maybe this was only a ploy to be fined rather than get penalty points, so maybe this was a way to dodge the 5 points to avoid being disqualified?
     
  8. Gerry Canning

    Gerry Canning Frequent Poster

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    I am quite sure the defendant was a {human being} .
    Would he have been so (freeman) had he knocked down a child ?

    Theres one born every minute !