Driver banned after telling judge 'you've got wrong brother'

Andrew Phelan

A MOTORIST arrested for uninsured driving claimed in court it was a case of mistaken identity and that a brother had given his name to gardai.

Father-of-one Michael Daly (32) claimed that his brothers were repeatedly giving gardai his name and address when they were stopped on the road -- and one in particular was his "double".

Judge Patrick Clyne convicted him of giving a false name and driving without insurance after Dublin District Court heard one of the gardai recognised him and knew everyone in his family.

Daly, of Moatview Drive, Coolock, was banned from driving for a year and fined €500.

Garda Deirdre McInerney said she was on duty in Coolock village at 6.10pm on January 28, 2009, when she saw the accused break a red light in a grey Alfa Romeo. She was unable to stop him but noted the registration.

The following day she was at the Darndale link road at 5.40pm when she saw him driving "at excessive speed and recklessly".

She followed when she stopped him, he gave the name Wayne Donoghue from Moatview Gardens.

Resembled

However, Garda Mighele Capocci, who was with her, recognised him. He said he knew all of Daly's brothers on a first-name basis.

Defence barrister Cathal O Braonain said the defendant had a number of brothers who bore a striking resemblance to him and even had scars on the same arms.

They had a "history" of giving gardai Daly's name and address.

The defendant told the court he knew nothing about the car or the incidents in question.

"It has happened to me a lot," he told the judge. "I was up in court on three summonses three weeks ago and I had to get my brother to come to court to say it was him."

He said his brother Keith was "a double of him", while his brother Ian also resembled him.

He did not know who was driving on the two days.

Daly's partner was about to give birth to their second child, the court heard.

The accused had 63 previous convictions and was a former heroin addict.

aphelan@herald.ie