JUDGE Donnchadh O Buachalla adjourned a case at Wexford District Court in which a New Ross transport company is charged with having the wrong tax on a lorry.
O'Leary International, Marshmeadows, New Ross, is charged with having an incorrect rate of motor tax on a vehicle at Ballindinas on February 2, 2010.
Sergeant Peter Griffin said the vehicle was taxed at an unladen weight of nine and a half tonnes, but the correct tax rate for this type of vehicle was 14 to 15 tonnes. The loss of revenue was €1,305.
He spoke to the driver who said the trailer was leased by O'Leary International Ltd to Drumoak Ltd, also of Marshmeadows, New Ross.
Asked by Seán Lowney, solicitor for O'Leary International, whether he had weighed the lorry at all, Sergeant Griffin said he didn't weigh the vehicle, as it was laden.
'How did you know the weight unladen of the vehicle if you didn't weigh it?' asked Mr. Lowney.
Sergeant Griffin said the onus of proof was on the defendant who had the right to bring the lorry back unladen to be weighed but didn't do so. The sergeant added that he had a lot of experience in relation to the weight of these vehicles.
Mr Lowney submitted that there was no evidence before the court of the weight of this truck on that day.
He said that between O'Leary International and Drumoak, they had 100 lorries and 150 trailers on the road.
Judge O Buachalla found the facts proven and following legal argument between the State solicitor Kevin O'Doherty and Mr Lowney over the fines, said he would deal with the penalty on September 6.