'Born again Christian' gave garda the finger and sped off after driving BMW at 227 kph

A 'born again Christian' caught driving a dangerously defective BMW at 227 kph in a 100km zone in Laois gave a garda the middle finger before speeding from the scene. 

Robert Matieska (33) of 44 Ard Na Greine, Roscrea, Co Tipperary appeared before Portlaoise District Court where his driving was branded “lethal” by a judge who also asked gardaí to investigate the man’s legal aid claim. 

The defendant had denied dangerous driving and driving without insurance at Ballytarsna, Borris-in-Ossory, Laois on May 28, 2019. 

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Garda Stephen O’Hanlon gave evidence of carrying out a speed check at the location at 2.30pm on the day in question. His marked patrol car was pulled in at a gateway and he was using a speed gun on the R445 at Ballytrasna, Borris-in-Ossory, a national road with a 100 kmh speed limit. 

Garda O’Hanlon said at 2.32pm a white three series BMW with a 12TN registration plate approached at speed. Using his speed gun he detected the car travelling at 227kph in the 100kmh zone. 

“I was very alarmed at the speed. I was out of my vehicle so I had a clear line of sight,” he told the court.  

“My immediate reaction was to step out and wave,” Garda O’Hanlon said. 

He saw the bonnet of the car dip as it approached and said this would be typical of a driver braking hard on seeing a speed check. 

Garda O’Hanlon said he observed the defendant driving the car which after slowing then sped off in the direction of the Pike of Rushall.  

“He even had time to give me a single finger salute as he went by so I was absolutely sure he was driving,” said Garda O’Hanlon. 

“I know Robert Matieska over 10 years. I helped him at a traffic accident in 2014,” Garda O’Hanlon explained. 

“His nickname is Bubbles, he also goes by Jackson,” he said.  

Garda O’Hanlon tried to follow the car but it disappeared “at high speed” and he was unable to catch it. He then contacted Dominic Lawlor, the data controller in the Borris-in-Ossory community CCTV scheme, and requested footage from the area. 

He also contacted his Sergeant who told him to charge the defendant with dangerous driving if he could be located. He went to the defendant’s house and then to the defendant’s business, Bubbles Car Wash on the Limerick Road in Roscrea but didn’t locate the defendant. 

He then went to the man’s ex partner’s nail salon business at Upper Limerick Street in Roscrea as the vehicle was registered to the woman. He found the car in a carpark there and discovered it had been driven recently.  “The vehicle's engine was still warm to the touch,” Garda O’Hanlon said.  

“She stated to me that the vehicle was there all day and it hadn’t moved,” said Garda O’Hanlon. 

“I informed her that the vehicle was being seized for a PSV inspection and she got very irate,” he said. 

Garda O’Hanlon said the woman then called the defendant but he didn’t come to the car park. The car was seized and CCTV footage of the car park was obtained by Garda O’Hanlon. 

He told the court a PSV inspection found “the car was dangerously defective” as the rear tyres were worn “with little or no” thread remaining. He said the car was rear wheel drive and “if the conditions were wet that would be lethal.” 

“I don’t think any car should be travelling on an Irish road at that speed even with good tyres,” said Garda O’Hanlon. 

Brian Mallon BL asked Garda O’Hanlon how he could be sure it was his client who was driving if the car was doing 227kph.   

Garda O’Hanlon said “there was a considerable reduction of speed before the car got to me.” He also pointed out that he knew the defendant for more than ten years and the man had time to give him the middle finger before accelerating away. 

Garda O’Hanlon played CCTV from the Borris-in-Ossory CCTV scheme which captured the white BMW travelling through the area. He then showed CCTV footage from the car park at Upper Limerick Street which showed the car pulling in at 3.15pm and two males getting out. 

Mr Mallon argued that the court cannot be satisfied that his client was the man driving the car. He said the “CCTV doesn’t seem overly clear” and even at a reduced speed from 227kph Garda O’Hanlon could only have made “a split second” identification and he said the court can’t be satisfied.

Judge Andrew Cody said the offence was alleged to have happened at Ballytrasna and he wasn’t relying on the CCTV to identify the defendant. He said the identification while driving was important  and the garda knew the defendant. 

“He could count his finger as he went by him,” Judge Cody pointed out. He said he was satisfied with the evidence and he asked Garda O’Hanlon if the man had any previous convictions. 

Garda O’Hanlon said the man had 24 previous convictions including two for no insurance and a dangerous driving conviction. 

Mr Mallon acknowledged the “appalling” record and said his client was “self employed and he owns a number of businesses”. He said he earned around €1,000 a week. 

“He is also a born again Christian and this is a very old case,” said Mr Mallon. 

“I would ask the court to be as lenient as possible,” he said. 

Judge Cody said an application for legal aid was made by the defendant in relation to the case on March 25 last. At the time it was stated that he was unemployed and earning €188 per week in jobseekers’ allowance, said Judge Cody. 

He directed that a transcript of the DAR (Digital Audio Recording) from the March 25 court sitting be sent to the Garda Superintendent at Portlaoise Garda Station for investigation under the theft,  fraud and other offences act. 

Garda O’Hanlon told the court the man had operated a business for a number of years. Judge Cody noted the defendant hadn’t turned up for court on a number of dates and the case has been going on for years. 

He said the “overriding duty of this court is to protect the public” and there is no doubt that the defendant’s driving was “lethal” on the day. 

Judge Cody said it was “not far off the highest speed that I have ever come across” in court. 

“This car was travelling at 65 metres per second,” he said.  

Judge Cody said the defendant would have had no time to react had a child run out on the road.  

“This was a source of danger to everybody on the road” and to add “insult to injury” the tyres were bald, he noted. He said the man was driving with an utter disregard for his own life and that of others and “had acted with incredible recklessness” on the day. 

He said crash tests aren’t carried out at speeds above 200 kmh as there can be only one outcome, “nobody will survive.”  

Judge Cody said he was proud of the road traffic police in Laois, the only county in Ireland not to have a road traffic fatality this year, he cautiously noted.  

He jailed the man for six months, imposed another six month sentence which was suspended for two years, disqualified him from driving for 15 years and fined him a total of €7,500. 

Judge Cody fixed recognisance in case of appeal.