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'Wrong people could be prosecuted' - Judge 19.10.07

INISHOWEN'S judge has warned that the wrong people could be prosecuted because of limitations in the Garda PULSE computer system.
Judge Desmond Zaidan made his comments before dismissing a charge of failure to display a tax disc against a truck driver.
The driver of the refuse truck was prosecuted after being stopped last January near Donegal Town. The company-owned truck was not taxed.
Judge Zaidan enquired why the driver and not the company was being prosecuted.
Garda Ignatius McCready told Donegal District Court that there was a problem with the PULSE system that meant limited companies could not be summonsed. He said he had raised the issue several times with civil service officials but as yet the problem has not been resolved, according to a report in yesterday's 'Irish Independent'.
Judge Zaidan said he was not blaming the Gardai but said it was not fair that the driver would be prosecuted when the principle offender was the company in question.
Garda Inspector Paul Kilcoyne told the court the inability to summons limited companies had been there for around six or seven years and has not been tackled.
Judge Zaidan said a private citizen should not have to pay a fine for a company that is the "money man". He warned it was something that was open to abuse. Judge Zaidan struck the case out following an application by the man's solicitor.
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