A judge has adjourned imposing sentence on the partner of independent Clare TD, Violet Anne Wynne for driving offences to allow John Mountaine pass his driving test.
At Kilrush District Court, Judge Alec Gabbett said that he would adjourn the case to December after solicitor for Mr Mountaine, Patrick Moylan said that there are “significant delays” for those looking to sit their driving tests due to a shortage of testers.
At the hearing of the case in July, Judge Gabbett said that Mr Mountaine was continuing to break the law by driving around unaccompanied before adjourning the case as he wanted Mr Mountaine to obtain a full licence.
Judge Gabbett made his comment after stating that he is to convict provisional licence holder, John Mountaine (41) of holding a mobile phone while driving, driving unaccompanied and driving without L plate at Lack West, Kilmihil, Co Clare.
Mr Mountaine was on a call to Deputy Wynne at Leinster House during a ‘pre-school run’ for two of the couple’s children on October 21st 2021 when he was spotted by Garda Patrick Hanley holding a mobile phone up to his ear while driving.
Judge Gabbett said that Mr Mountaine “by his admission is continuing to break the law by driving around unaccompanied. He has reasons for that but that doesn’t make them valid”.
Judge Gabbett said that Mr Mountaine has a peculiar set of circumstances where he has six children, his partner works in Dublin for a significant portion of the week and he has to drive.
Mr Mountaine told the court that he has been harassed by Gardai since his partner’s election as a TD in February 2021.
In response to Mr Mountaine’s harassment claim, Sgt Moloney told Judge Gabbett “I don’t want this case to be used as a vehicle in order to have multiple cheap shots at Gardai who are doing their duty”.
In reply, Mr Mountaine said: “I would never do that.”
At this week’s court, Mr Moylan explained to Judge Gabbett that Mr Mountaine wasn’t in court this week as he has started a new company, Monte’s Carpentry “and is extremely busy thankfully on that front ”.
Asking for more time in the case due to the waiting lists for the driving tests, Mr Moylan said: “I believe from reports that some areas are looking for a driving test to 2024. If we said January 2024 for an update?”
Mr Moylan said that Mr Mountaine is seeking to have his test in Shannon.
In response, Judge Gabbett asked: “Why would he do in in Shannon if he is from Kilrush”
In reply, Mr Moylan said: “Well he is living in Ennis now. He had no home for a while. He has now moved to Ennis and I would imagine he has researched it a bit to get the fastest place for a test.”
Judge Gabbett said that he would adjourn the case to December 19th for mention stating “it would be great to see some progress there”.
