A judge has rejected a claim made by the partner of independent Clare TD, Violet Anne Wynne that he has yet to receive an email from the National Driver Licence Service (NDLS) inviting him to sit his driving test more than three years after he applied for the test.
At Kilrush District Court on Tuesday, Judge Alec Gabbett told provisional driver, John Mountaine – 42 in March – that “it is time you got a full licence. You can’t continue to drive on a provisional licence. There are children in this car and lots of driving going on”.
Judge Gabbett made his comments as Mr Mountaine faced additional driving breach summons in court on Tuesday where he is accused of driving without insurance, driving without a licence and driving unaccompanied by a qualified driver at Wood Rd, Kilrush on May 18th 2022.
Mr Mountaine was also before the court concerning separate driving offences which he was found guilty of last July and Judge Gabbett had adjourned sentencing to give Mr Mountaine time to sit his driving test in order to obtain a full licence.
Solicitor for Mr Mountaine, Patrick Moylan handed Judge Gabbett a document confirming that Mr Mountaine applied for a driving test to the NDLS on November 3rd 2020.
Judge Gabbett said that Mr Mountaine of Pella Rd, Kilrush says that hasn’t heard back from the NDLS since.
Judge Gabbett said to Mr Mountaine: “I don’t believe for a minute that the NDLS hasn’t written to you since November 2020.”
In response, Mr Mountaine said: “I have no reason to lie.”
In reply, Judge Gabbett said: “Have you checked your email?”
Mr Mountaine said: “I have – I check my emails regularly for work.”
Judge Gabbett said that he wanted the issue sorted by the next court date on February 13th otherwise he will proceed to sentence Mr Mountaine for the driving offences.
Judge Gabbett said: “I am very surprised if you haven’t got that email in the last three years. It is a very convenient system.”
Judge Gabbett said: “I know for a fact that people have applied for tests and sat their tests since November 2020 including myself for another licensed category.
Judge Gabbett said: “Mr Mountaine has been in a holding pattern for three and a half years and one of the few people who hasn’t availed of a test.”
Mr Moylan said: “I would imagine that there is a loop in the system.”
In reply, Judge Gabbett said: “there is no loop in the system – it is called attending to your paperwork.”
Judge Gabbett told Mr Mountaine: “If you check your email, there will be an email there to tell you to apply for your test.”
Judge Gabbett said: “I am looking for compliance here – a pink driving licence for someone who appears to drive without a full licence and at being continually in breach of the law.”
At the hearing of the contested 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 said last July he is to convict Mr 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.
