Nicky Kelly fined for driving offences

Wicklow Labour Party county councillor Nicky Kelly was yesterday fined a total of €730 at Wicklow District Court for motoring offences. He picked up a mandatory five penalty points on his licence arising from his conviction for not having insurance.

Kelly was before the court on charges of dangerous driving, driving without insurance, licence or motor tax and failing to produce tax and insurance documentation.

Insp Patrick Murray of Wicklow Town told the court the charges arose after a car crash on the Glenealy to Arklow Road on the evening of November 20th last year. He said Kelly had driven a Mercedes car on to the road from a lane, passing through a stop sign and into the way of local man Tom Power, who was driving a jeep towing a trailer at the time.

Mr Power's jeep collided with the driver's side door of Kelly's car, causing extensive damage to both vehicles and unhitching the trailer in the impact. Both Mr Power and Kelly were injured in the crash and the Wicklow fire brigade and ambulance service were called. Both men had been taken to hospital and Mr Power had now made a full recovery, Insp Murray told the court. He said that Kelly had one previous conviction for a Section 49 offence under the Road Traffic Act (driving with excess alcohol) and had been disqualified for two years in 1999.

Solicitor Dermot Hickey, for Kelly, asked the court to reduce the charge of dangerous driving to an offence of careless driving. He said the event had been very traumatic for Kelly who had suffered considerably as a result and was left "in a bad state".

Kelly had taken the assurance of a third party at the time that the car was insured but now accepted that this had not been the case. He had a valid licence at the time and had been intending to tax the vehicle which had not been in his possession very long.

Mr Hickey said Kelly would like to thank the emergency services for the manner in which they had reacted and he added that the Motor Insurance Bureau had paid for all damage to Mr Power's vehicles. Judge Paul Malone said he would exercise his discretion in not disqualifying Kelly from driving and agreed to amend the charge of dangerous driving to careless driving for which he fined Kelly €300. He also fined him €300 for having no insurance and €130 for non-display of tax. Recognisances were fixed at €300 in the event of an appeal.

In Wicklow yesterday Kelly maintained he would be the Labour Party candidate in South Wicklow at the next general election. He lost out to Independent TD Mildred Fox for the last of the five Wicklow Dáil seats in a week-long count at the 2002 general election. A Labour Party convention to select candidates for Wicklow held earlier this year chose Health spokeswoman and party deputy leader Liz McManus, but left the addition of a second candidate open to be decided by party headquarters.