District Court judge rejects judicial criticism over drink driving convictions

Judge Elizabeth McGrath of Nenagh District Court in north Tipperary told RTÉ’s Morning Ireland programme: “The unfair commentary levelled at District Court judges is concerning, and displays a lack of understanding of the judicial function and lack of understanding of basic legal principles.”

Judge McGrath said conviction rates were not the responsibility of the judiciary, who are only required to enforce the law within the “basic legal principles that are enshrined in our legal system for centuries”.

She went on to strongly criticise the Irish media for widely reporting a misleading conviction rate of 40 per cent when the actual figure was closer to 88 per cent.

The judge quoted from Drunk Driving by barrister David Staunton in support of his claims that “overcomplicated” drink driving legislation was to blame for the failure of some prosecutions.

Mr Stauton has argued that an opportunity for “root and branch reform” of drink driving legislation was missed in 2010.

Judge McGrath added: “It does not sit well with me that there are occasions where prosecutions are predestined to fail and indeed that can arise quite frequently in drunken driving cases.”