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Tallafornia Corminator fights his conviction over green diesel
Brannigan (30),[link widoczny dla zalogowanych], known as the 'Corminator', with an address at Woodbrook Court,[link widoczny dla zalogowanych], Castleknock Dublin,[link widoczny dla zalogowanych], was prosecuted by the Revenue Commissioners for an offence under the Finance Act.
Brannigan, who is currently on the small screen in the second series of TV3 programme Tallafornia, was fined 2,500 last October. He pleaded guilty before Dublin District Court to having marked mineral oil containing blue dye in his car's fuel tank, at Airton Road garda pound in Tallaght,[link widoczny dla zalogowanych], on January 10,[link widoczny dla zalogowanych], 2011.
In those proceedings, he had offered to donate 2,500 to charity in the hope that he would be left without a criminal record. However,[link widoczny dla zalogowanych], the district court had held that a recorded conviction and a fine was mandatory.
The taxi-driver has launched an appeal of the severity of the penalty and the case was listed before the Circuit Court in Dublin yesterday,[link widoczny dla zalogowanych].
Defence counsel Donall Johnston told Judge Terence O'Sullivan the issue in the case was whether a charitable donation in lieu of a fine and a conviction was acceptable,[link widoczny dla zalogowanych].
Brannigan,[link widoczny dla zalogowanych], who has no prior criminal convictions, did not have to give evidence.
Judge O'Sullivan adjourned the appeal until a date in March,[link widoczny dla zalogowanych].
In the district court prosecution, a judge had heard that a customs officer took a sample of fuel from Brannigan's '02-reg BMW, which was tested and found to contain marked mineral oil. A canister containing more green diesel was found in the boot.
Brannigan was questioned and agreed that he had put the fuel in his car.
His lawyer had told the district court that Brannigan had been returning from a late night fare when his car broke down and there were no petrol stations open at the time.
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