*The driver told the court it was an inconvenience for her to be at Ennis Circuit Court.
A total of 52 Fixed Charge Penalty Notices (FCPNs) have been issued in the post to a Clare motorist for alleged driving offences and has no penalty points, before now, a court has heard.
This follows Judge Francis Comerford telling Shannon care assistant, Sarah Jane McInerney (29) “I don’t believe a word you are saying” after she said that she didn’t receive a Fixed Charge Penalty Notice (FCPN) in the post for holding a mobile phone while driving her 241 D registered car on the R471 at Tullyvarraga, Shannon, Co Clare on April 21st 2025.
At Ennis Circuit Court, State Solicitor for Clare, Aisling Casey told the court that this was Ms McInerney’s fourth time in court since 2022 to give sworn evidence in different cases from the witness box to say that she didn’t receive FCPNs in the post for alleged driving offences.
On previous three occasions, judges struck out the driving prosecutions against Ms McInerney and any resulting penalty points based on her sworn evidence that she didn’t receive the FCPNs.
Ms Casey asked Mc McInerney how many times she has come to Ennis courthouse before now to tell judges that she has not received FCPN for driving offences.
Ms McInerney replied, “I am not sure to be honest,” and Ms Casey told her three times.
Ms Casey told McInerney that this excuse of not receiving a FCPN in the post “has run out. The postal service is not that bad”.
Ms McInerney said that all of the 48 houses in her Inbhear na Sionna estate in Shannon “are all identical” and her house at No 36 has no number on it.
Ms McInerney said that that have been mix-ups in the post in her estate where she has received the post addressed to neighbours.
Ms McInerney told the court that she was no penalty points and Ms Casey told the court that a total of 52 FCPNs have been issued in the post to Ms McInerney arising from alleged driving offences.
Ms McInerney was before the court appealing a €300 district court fine for holding a mobile phone while driving and Judge Comerford has affirmed the order of the District Court and doubled to fine to €600 and said penalty points apply.
He said, “I just can’t regard her as a credible witness at this point”.
Judge Comerford said, “This case shows why people the FCPN system isn’t good because people can take gross advantage of it and I am satisfied that Sarah Jane McInerney is taking gross advantage of the system.”
He said, “The system works by and large because the vast majority of people are honest when they receive their penalty notice”.
He said, “That is why the Government won’t change it because the vast majority of people are honest and it is not economically sensible to put a different system in place”.
Judge Comerford said that the case “is a classic example of why the system is not good” of relying on ordinary post to send out FCPNs.
In evidence, Garda Michael Daniels said that Ms McInerney was “a bit irate” when he stopped her on April 21st 2025.
He said, “She told me I should have better things to be doing on a bank holiday and she should be entitled to answer her phone. She said I should be instead stopping drug dealers”.
Ms McInerney said that took a work call when she answered her mobile phone.
In an exchange in court with Ms Casey, Ms McInerney said that it was “bit of inconvenient for me to be even be here today…I don’t want to be coming to court”. Ms McInerney said that she should be at work.
