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Accusation of 'hype' is no justi"cation for lenient sentencing



JUDGE John Neilan had two chances to get it right over the 200kmph 'boy' racers he allowed back on the roads with a 2,000 fine, no penalty points and no driving ban after they pleaded guilty to dangerous driving on the N4.

He could have given them a harsher sentence in order that the courts are seen to be acting in line with the wishes of both the public and our legislators. He chose not to, saying that whenever he did give tough sentences, they were overturned by a higher court.

And when his lenient sentence was questioned by National Roads Authority chairman Gay Byrne, Judge Neilan could have explained his reasons.

Instead, in court the next day, he lashed out intemperately at the gardai for releasing the video the two men made of their high-speed exploits.

Maybe in strict legal terms, the gardai should not have released the video. It was, after all, the gardai who arrested, charged and brought to court the two Mullingar men, Tommie Gorman and Alberto Rizzini, after they put not just their own but other drivers' lives at risk during their reckless "race".

There is widespread distress at the high death rate among young men who speed on the roads.

Families are suffering terribly at the loss of young sons. The Oireachtas has introduced a wide range of penalties to punish and discourage dangerous driving, from fines to penalty points to driving bans.

We are in the middle of an important national campaign to persuade young men to drive with greater care and to make everyone aware of the legal consequences.

All the arms of the state, from the gardai to the courts to prosecutors and politicians, should be concentrated on enforcing this message.

If the gardai feel the broadcasting of an appalling video showing the dangers of reckless high speed racing on public roads will help their case, then they should not be criticised for "hyping" the situation. The race really happened. This was the perpetrators' own record of the night. That is not hype.

If Judge Neilan has problems over sentencing, he should explain them clearly to the president of the District Court and not use his misgivings as reasons for handling out lenient sentences.




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