Judge jails 77-year-old Offaly man he says is 'compulsive liar'

A MAN described by Judge Andrew Cody as a “compulsive liar” was jailed for four months for uninsured driving.

Tullamore District Court heard that James McCarthy (77), Drumbane, Birr, had 96 previous convictions, including 64 for road traffic offences and was subject to a 20-year driving ban when he was seen at the wheel of a pick-up truck in Blueball by Sergeant Donal Casey on July 16 last year.

Mr McCarthy was summonsed for driving without insurance and a licence at Tom Doolan's shop, Pallas, Blueball but he denied the offence and a hearing took place where CCTV was played.

In evidence, Sergeant Casey said he observed a Ford Transit at the shop, recognised Mr McCarthy in the driver's seat and then saw the vehicle heading towards Tullamore.

Two days later Sergeant Casey said he met Mr McCarthy at Birr Garda Station and the accused declined to choose a station where he would produce his insurance and licence.

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The sergeant said he subsequently obtained CCTV footage from Doolan's shop and it recorded James McCarthy driving in and driving out again.

The CCTV footage was played in court and it showed a white pick-up truck coming into the forecourt and parking.

A man, said by Sergeant Casey to be the accused, could be seen getting out of the driver's seat and going to the other side of the truck to refuel it.

The footage also showed another vehicle arriving and pulling up at an adjacent pump and Sergeant Casey said that was his car.

Footage from a camera inside the shop showed a man, again identified by Sergeant Casey as Mr McCarthy, leaving the store and getting back into the truck before it drove off.

That man was wearing similar clothing to the man captured in the footage outside on the forecourt.

Cross-examined by Patrick Martin, solicitor for the defendant, Sergeant Casey said he was off duty at the time and watched Mr McCarthy but did not speak to him.

“I'm a sergeant in Birr for the last 11 years so I know him,” he said, adding that he had been at Mr McCarthy's house previously in relation to another matter.

On July 18 last when he called to the man's house he spoke to his wife and then spoke to Mr McCarthy at the station later.

Sergeant Casey said the man “wasn't happy” he had CCTV of him at Doolan's shop and he was “100 per cent sure” it was Mr McCarthy.

Replying to Sergeant Richard Thornton, court presenter, Sergeant Casey repeated that he was satisfied the man he observed in the forecourt was the accused.

Mr McCarthy then took the oath to give his evidence. He began by saying: “I'm a devoted Catholic and I do not tell lies.”

He said he had no connection whatsoever to the vehicle and said a brother of his who had a Nissan truck and worked in landscaping had come over from England.

The accused said he never owned a white Transit truck. “There's a grave mistake of identity here,” he said.

He said he was shown a photo by Sergeant Casey but he wasn't in it and told him he had not driven that truck and it was “definitely mistaken identity”.

He also stated he had not documents to produce to the gardai. “If he saw me at the garage why did he not approach me and ask me for my documents from the truck?” the accused asked.

Mr McCarthy then agreed to view the CCTV again and replied “No” when Sergeant Thornton referred to a still image of a man in the shop and asked: “Does that remind you of anybody?”

The accused said he had not driven the vehicle in the video: “That's not me. One million per cent not me.”

Mr Martin said the vehicle (which according to the summons had a registration number SJ11ORP) was registered in England and had “Midland Construction” on its side. The solicitor said Midland Construction was a business registered in Meath.

Mr McCarthy said he had nothing to do with Midland Construction.

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Indicating that he was convicting the accused, Judge Cody said he was entitled to rely on the evidence of Sergeant Casey who was standing within six or seven feet of the accused and he was satisfied it was undoubtedly Mr McCarthy.

The court was told that along with convictions for road traffic offences, Mr McCarthy had a conviction for assaulting a garda and seven for public order offences.

He had previously been imprisoned for driving without insurance and his last conviction for that offence was in January 2024.

Judge Cody said of Mr McCarthy: “He's a compulsive liar. Not a word of truth came out of his mouth today.”

He fixed recognisances for an appeal against the four-month sentence and 20-year driving ban in the man's own bond of €1,000 and a cash lodgement of €500.