Northern Ireland's top judge rejects claim that judiciary are 'weak' after criticism from Doug Beattie over motoring sentence
Northern Ireland’s leading judge has rejected a claim that the judiciary are “weak” when it comes to sentencing.
The critcal comments came from former UUP leader Doug Beattie, who was reacting to a court case in which a man escaped jail after fleeing from the police in his car.
The News Letter has reported recently on a number of cases where people have committed serious motoring offences which are then dealt with by way of driving bans.
The most recent case to have emerged is that of Martin Gettens, which came before Antrim Magistrates' Court, sitting in Ballymena, on Tuesday.
Gettens had no MOT certificate for his BMW, and the court was told he failed to stop for a police patrol last May 21 in Waterfoot, in the Glens of Antrim.
Police activated blue lights and sirens but the driver failed to stop, and at the junction with Coast Road the defendant failed to give way and almost collided with a vehicle which had to mount a pavement to avoid a collision.
The BMW then sped off and overtook a "tour coach on a blind bend with no regard for other road users" the court heard.
A prosecutor added: "Due to the manner of the driving it was decided not to pursue the vehicle. Checks on police systems showed the BMW was insured to the defendant and the test certificate had expired".
Police called at the defendant's address on July 4 and found the BMW, the court heard.
The defendant, a quarry worker, pleaded guilty to charges of dangerous driving, failing to stop for police, absence of MOT, and failing to give information regarding who was driving.
He was banned from driving for 15 months and was fined £575.
The maximum penalty for dangerous driving is five years in jail and an unlimited fine.
Just days earlier the News Letter had reported on the case of Conrad Doole, 53 and of Mount Street, in Coleraine, who had been given a two-month driving ban and £300 fine after being caught doing 103mph in a 60mph zone.
However, Doole had come before the court with 16 prior convictions, including killing pedestrian Robert Callaghan in 2009 by careless driving, as well as five cases of speeding, reckless driving, careless driving, no insurance, and no seat belt.
Asked about the sentencing of Gettens for endangering other motorists while fleeing police, Doug Beattie – who has often been critical of lenient sentencing in Northern Irish courts – told the News Letter: “We have a weak judiciary who hand out weak sentences which promote a weak deterrent.
"This case of dangerous driving could have led to serious injury or loss of life.
"It deserved a far heftier sentence than was handed down if it is to serve any purpose whatsoever."
The News Letter contacted the office of the Lady Chief Justice, Siobhan Keegan, representing the judiciary.
It replied: “It is not appropriate for the Lady Chief Justice (outside her role as an appellate judge when a particular sentencing disposal is appealed before her or referred to the Court of Appeal on which she sits) to comment or express any opinion on a sentence handed down in an individual case.
"The Lady Chief Justice does not accept Mr Beattie’s comment that ‘we have a weak judiciary who hand out weak sentences which promote a weak deterrent’.
"There are thousands of road traffic cases that are dealt with by the magistrates’ courts each year without comment, however, given the serious nature of some of the types of road traffic offence, the Lady Chief Justice will ask her multi-disciplinary sentencing group to consider this area further.
"The sentence imposed in an individual case will depend on the specific circumstances of that case and it is therefore not possible to compare one case with another. In calculating the appropriate sentence for a particular offence, the judge will consider all of the evidence provided to the court as well as the maximum sentence which the court can impose (as determined by the Executive), any sentencing guideline judgments relevant to the offence committed, whether the offender pleaded guilty and when, the level of culpability, the offender’s previous convictions, and any other aggravating or mitigating factors presented to the court by the prosecution and defence.
"In cases such as this where the prosecution was brought in the magistrates’ court, the sentencing powers are lower than they are if the case was prosecuted in the Crown Court.”