Banned driver attempted to con PSNI patrol

Banned driver attempted to con PSNI patrol

15 August 2012

A DOWNPATRICK man has been convicted of driving while disqualified and without insurance after a judge rejected claims that he was mistaken for his brother.

Thomas Caffrey (23), of Ballymote Walk, had denied driving a car along the Bonecastle Road on March 27.

At a contested hearing in Downpatrick District Court on Thursday, Caffrey said his brother Sean was the driver and that he had been in the passenger seat.

Caffrey claimed that he had slid down the passenger seat to avoid being seen by police.

A police officer told the court he recognised Thomas Caffrey in the car from previous dealings. He said Sean Caffrey was “not dissimilar” but that he could tell the difference.

Under cross examination the officer said it was not significant that his colleague, when radioing through details of the passing car, only said “possibly a Caffrey was driving it”.

“Sometimes all the detail does not go through in a radio transmission,” he said.

“We were chasing the vehicle because we got intelligence it was involved in a burglary.”

The second officer confirmed he too had identified the driver as Thomas Caffrey as a result of “numerous dealings with him”.

He added that the defendant was seen walking a short distance away from the same car, which was later spotted on the Flying Horse Road.

The officer indicated no car keys were found on Caffrey, who told police he had been visiting the nearby cemetery.

A detective constable was then called to give evidence on the issue of whether Thomas and Sean Caffrey could be confused with each other.

“I have had extreme dealings with both of them and Sean Caffrey bears a small resemblance,” he said.

Defence barrister Conor O’Kane said it was “inconceivable” the officers would not have radioed through Thomas Caffrey’s full name if they had identified him straight away.

In a heated cross-examination of the officers he suggested they had only agreed it was Thomas Caffrey driving after later seeing him near the vehicle.

“Are you not ashamed?” he asked one officer, stating that his suspicions of the

police were based on 20 years of running cases in the courts.

Deputy District Judge Eamonn King said he did not believe that police were in a “conspiracy” to prosecute Thomas Caffrey.

“That is not the impression I have formed in this case,” he said, stating that he believed the police officers to have been truthful witnesses.

Mr. King also pointed out that Caffrey had changed his story several times.

Pre-sentence reports were ordered and an immediate two-year driving ban imposed.

Caffrey was arrested at the conclusion of the case on suspicion of breaching his bail conditions.