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Car permission was 'implied'

April 13th, 2026 9:45 AM

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A 21-YEAR-old Beara man has avoided a conviction for unlawfully taking his friend’s car after a district court judge described him as a ‘very honourable man.’

Tairdelbach O'Connor of 16 Cluin, Allihies appeared at Bantry District Court where he was charged with the unlawful taking of a vehicle.

Court presenter Sgt Tom Mulcahy told Judge Joanne Carroll that at 7.30am on June 14th last Gda Johanna McSweeney received a report of the unauthorised taking of a vehicle.

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The vehicle was later located, crashed at Rodeen, and the suspect was identified.

Sgt Mulcahy said the owner of the car did not want the matter to go to court, but it proceeded because the complaint had already been logged.

He explained that if the owner had 'allowed' his friend to use the vehicle he could have been prosecuted for allowing the vehicle to be used by an uninsured driver.

Sgt Mulcahy said the accused, who is general labourer, has no previous convictions​, made a voluntary cautioned statement to gardaí.

He also explained that the keys were left in the vehicle, and in those circumstances​, Judge Carroll said it was her understanding that 'permission' to use the vehicle was implied.

In mitigation, defence solicitor Flor Murphy said his client had met the case honourably and had paid €3,500 in compensation to his friend for the loss of his vehicle in the single vehicle collision, and was in the process of paying the €1,900 still outstanding.

'I am not convicting him of unauthorised taking. He had implied permission and did not steal the vehicle in that sense,' said Judge Carroll, who described Tairdelbach O'Connor as 'a very honourable man.'

Funded by the Courts Reporting Scheme.

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