Judge throws out case of ex-US politican who moved to Ireland after scandal
The judge threw out the speeding case after former Florida senator Joe Gerston claimed sign displayed wrong info
This is the former Florida Senator who settled in Millisle after fleeing America 35 years ago amidst a sex scandal who this week defended himself in a speeding ticket case – and won! Joe Gerston, an accomplished barrister, appeared at Ards Magistrates' Court where he bamboozled the PPS, their star witness who clocked him allegedly speeding, and a judge who on hearing his detailed defence – chuckedthe case
This is the former Florida Senator who settled in Millisle after leaving America 35 years ago amidst a scandal who this week defended himself in a speeding ticket case – and won!
Joe Gerston, an accomplished barrister, appeared at Ards Magistrates' Court where he bamboozled the PPS, their star witness who clocked him allegedly speeding, and a judge who on hearing his detailed defence – chucked his case out.
Mr Gerston is originally from Miami but claims he is now an Australian national, says he fell in love with Northern Ireland 20 years ago and bought a house a stones throw from the beach in the Co Down seaside town in 2018.
The former Democratic Party member, who says he still practices law all over the world and specialises in EU law, told the Sunday World he decided to fight his summons for speeding on a 'point of principle'.
The 77-year-old, who left the US when he was 46-years-old, was summoned to court after a mobile speeding van clocked him doing 44mph in a 30mph zone in Donaghadee.
Former Florida Senator Joe Gerston.
News in 90 Seconds - June 11th
'This coming December will be my 50th year as a court room lawyer – and over 50 years you look at things legally and I said to myself this is not right.
'There's only one place this guy (the speed camera operator) could have taken the shot…and I said you can't get away with this, this is bu**sh**, this is ridiculous.
'In my business, preparation is everything and I over-prepare – my win rate is quite high.'
Mr Gersten told us he spent more money defending himself than had he just pleaded guilty and paid the fine. And he took us to the spot where he was supposedly caught speeding as he travelled towards Bangor.
Effectively, he convinced the judge that there were no signs telling him the speed limit was 30mph and as he travelled out of the town centre the only sign he saw was at the far end of the town limits which, in the direction he was travelling, showed the limit was 40mph.
According to the court report, Mr Gersten revealed that through calling evidence and cross examination, he intended to make the case that when his car was captured doing 40 in a 30, 'it was an honest mistake which is a reasonable defence in a strict liability case'.
Joe Gerston.
Commenting that 'pretty much all of the speeding cases' in Northern Ireland come through his court, Judge Hamill told Mr Gersten: 'I'm something of an expert on the subject.'
The former US politician explained to us afterwards how he beat the speeding charge and had his case chucked out.
He used photographs he had taken and showed the judge a photo of a sign saying 'Welcome to Donaghadee' – which he assumed meant that's the start of the town.
He told the Sunday World: 'I showed the judge how all the signs going towards Bangor said 40mph and emphasised it was 40 on one side, and 30 on the other side of the road if I'd been coming in the other direction.'
Colin Tumelty, the driver of a mobile safety camera vehicle, testified that on February 22 last year he parked his vehicle at the entrance to the Breckenridge development in Donaghadee, his camera facing towards the 30 zone.
He told the lawyer for the PPS that 'coming from the Newtownards side, there's 30mph signs at the rugby club' on either side of the road and when pressed by the judge whether there was 'any room for confusion as to whether it's a 30 or a 40 zone,' he was adamant 'no, it's very clear.'
During Mr Gersten's cross examination, the witness said that as far as he remembered the defendant was driving towards Bangor.
'So, is it fair to say that the sign I saw said 40,' the former senator suggested and Mr Tumelty agreed, 'yes, that's correct given the direction you were travelling.'
'Hold up,' Judge Hamill interjected, 'repeat that.'
During the ensuing exchange between the defendant, the judge and Mr Tumelty, there were several discussions about signs, what was on the back of signs, what speed zone was where and photographs swapped back and forth.
Eventually, it was established that Mr Gersten would have seen a 40 sign so would have been leaving a 30 zone, entering a 40 zone.
Interjecting, Judge Hamill declared that he was 'totally confused' and told the PPS 'you cannot prove this case beyond reasonable doubt – case dismissed.'
On Friday, Joe Gersten confirmed this was the first time he'd practised law in a court room in Northern Ireland but says he still practises in England and in other countries.
But while telling us he had been a Florida Senator and House of Representatives member back in the US during the 70s and 80s, he did not go into detail about why he left.
However, according to multiple reports in a number of news organisations Mr Gerston was caught up in a scandal which saw him serve 26 days behind bars before fleeing to Australia where he sought and was granted asylum.
After he served 26 days in jail for contempt of court for repeatedly refusing to answer a State Attorney's questions over the circumstances of how his Mercedes was stolen on April 29, 1992, Gersten left America in September 1993 and landed in New South Wales in Australia a month later.
A member of the Democrats, Mr Gersten served in the Florida House of Representatives from 1974 to 1981 before he was voted on to the Florida Senate from 1982 to 1986.
In 1986, he was an unsuccessful candidate for the office of Attorney-General but between '88 and '93, he served as the Commissioner of Dade County, which includes Miami.
Having announced that he was going to stand for election as mayor in 1992, his campaign came off the rails over an infamous incident on April 29, 1992 and the circumstances as to how his Mercedes came to be stolen.
According to Mr Gersten, he was asleep in his home in Florida when the car was stolen and on discovering the theft when he awoke the next day, he reported the theft to the police.
Officers in Dade County recovered the car and arrested two people in it – a drug dealer and a prostitute.
Donaghadee
Allegations were made against Mr Gersten but he has always strenuously denied the claims and claimed he had been set-up by the late US Attorney-General Janet Reno, while a congressional report also found he had been the victim of a set-up.
The Dade County State Attorney's Office investigated the matter and Mr Gersten was repeatedly subpoenaed to answer questions but claiming that he suspected he was being set up for a 'perjury trap,' he refused.
A judge held that Mr Gersten was in contempt of court and ordered him jailed until he agreed to answer questions.
Ultimately, he served 26 days in prison before he was set free on appeal and he fled America, landing in Australia where he was eventually granted asylum, meaning that he could not be deported back to the USA where, given that he has not 'purged the contempt' by answering the DA's questions, he could still potentially be held in contempt.
When asked about the alleged scandal which saw him incarcerated for 26 days and claims he had fled the US Mr Gersten told the Sunday World: 'I never 'fled' anywhere. There was never any restrictions on my travel.
'That was a weekly rag newspaper that I never gave interviews to.
'It had gay ownership that also owned a gay club that killed hundreds of customers during the AIDS epidemic and hated me for closing there (sic) very profitable club.
'Also note that Australia granted me political asylum. Please refer to the 20 articles about me in The Sydney Morning Herald And especially the 26-page US Congressional Report published online that states that I was the victim of a conspiracy by the US Attorney General who 'abused' her prosecutorial power.
'Also note that the New South Wales Supreme Court (Appellate Division) issued a very strong judicial decision in my favour (including expressly condemning US courts) on this very matter.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Sunday World
10 hours ago
- Sunday World
Elderly man (89) who sexually abused young girl jailed for ten years
Sid Green of Kennedy Park, Roscrea, was convicted of 22 counts of rape and one count of sexual assault of the child Sid Green of Kennedy Park, Roscrea, was convicted of 22 counts of rape and one count of sexual assault of the child, on dates between 1993 and 1998. He has no previous convictions. The injured party indicated to the court at a previous hearing that she has no issue with Green being named but she does not wish to be identified. She told the court how the damaging effects of the abuse had been 'far reaching and enduring' and had affected every facet of her existence. The court heard defence submissions that Green, who has recently been resident in a Co Offaly nursing home, has medical issues that would make custody difficult for him. He has been on bail and appeared via video link from the nursing home for his sentence hearings. The prison service have indicated that they will be able to take Green into custody on July 10 next and will be able to accommodate his medical needs. Passing sentence today Mr Justice Patrick McGrath said these were 'appalling offences' noting that Green coldly engaged in a cynical campaign of rape which he perpetrated whenever the opportunity arose. He noted that there has been no remorse shown. Mr Justice McGrath noted the profound impact the offending has had on the woman's life. He said she is a young woman who has shown remarkable resilience and strength and he commended her for the manner in which she dealt with the case and gave her evidence. The CCJ in Dublin. News in 90 Seconds - June 20th He noted the support the young woman had from her husband and parents throughout the process. He noted defence submissions that due to his age any custodial sentence is in effect a life sentence for Green, that he has no prior convictions and that there had been no violence additional to the inherent violence of rape. He said the difficulty which arose in this case was the age of the accused, with the only mitigating factors being his absence of prior convictions and that he had been a productive family man. Mr Justice McGrath set a headline sentence of 16 years, which he reduced to 15 years taking into account the circumstances of the case. He noted that the prison service had liaised with Green's carers and the prison service had formed the view they can accommodate him and deal with his needs from July 10, 2025. Mr Justice McGrath said he had considered the medical reports in the case and while Green has a considerable range of medical difficulties, most are those that would be expected for a man of his age. He said the difficulties mostly relate to mobility and ensuring that Green takes his various medications. Mr Justice McGrath imposed the 15 year sentence, and taking into account Green's advanced age, suspended the final five years of the sentence. It will take effect from July 10, 2025. Detective Garda Oliver Hennelly told George Burns BL, prosecuting, that the woman reported to gardai that the offending began when she just turned seven. Green was 57 years old. The women reported that Green took any opportunity he could to rape her and that it happened many times. The abuse ended when she was about the age of 12 years old. The woman subsequently engaged with mental health services and the rape crisis centre but did not feel ready to go to gardai until after she disclosed the abuse to her own family. The woman made a complaint to gardai in 2020 and when Green was interviewed in 2021, he denied the allegations. He was charged in 2022 and found guilty following a trial at the Central Criminal Court sitting in Tullamore earlier this year. In her victim impact statement, the woman described the profound and devastating effects that the abuse continues to have on her life as a result of the emotional and psychological damage caused. She described how she battles with fear and trust and how her relationships with family, friends and loved ones have suffered. She outlined how anxiety has transferred into her own parenting. She suffers with depression, flashbacks and nightmares, feels isolated and misunderstood, leaving her with a profound sense of loneliness. She described how she found temporary escape in drugs and alcohol but recognised this led to a destructive cycle, creating a barrier between her and loved ones. She told the court how she felt shame and guilt, despite being the innocent victim in the situation. She said the long term consequences of the abuse are still unfolding but she is determined to seek healing and support. She thanked those who have supported her, especially her husband and said she is ready to 'confront the shadows of the past and step into a hopeful future together.' Dermot Cahill SC, defending, said that Green had moved to Ireland from the UK, raised a family here and had a good work history. His wife passed away in 2013. Counsel asked the court to take into account that the offences occurred over a defined period in the past and Green was now facing sentencing as a 89-year-old man. He outlined a number of medical issues currently affecting Green. He said Green is unable to mobilise or get out of bed without assistance and needs ongoing nursing, which he receives in the nursing home. He submitted that prison will create difficulties for Green from a health perspective. He asked the court to take into account his client's co-operation with gardai and a lack of prior convictions.
Sunday World
10 hours ago
- Sunday World
Man (20s) charged as 126 ‘mature' cannabis plants worth €100k seized in Dundalk
Gardai from the Dundalk Drugs Unit, assisted by Dundalk Detective and Crime Units executed a search warrant at the premises last night A man in his 20s has been charged after 126 'mature' cannabis plants worth €100,800 were seized at a home in Dundalk, Co Louth. Gardai from the Dundalk Drugs Unit, assisted by Dundalk Detective and Crime Units executed a search warrant at the premises last night. The plants were seized along with €34,000 worth cannabis which was packaged and 'ready for onward sale and supply.' Stock image News in 90 Seconds - June 20th The arrest came as part of Operation Tara, An Garda Siochana's ongoing investigation into the sale and supply of drugs. The suspect, who was arrested at the scene, has been charged and will appear before a special sitting of Dundalk District Court this afternoon. Investigations are ongoing.
Sunday World
10 hours ago
- Sunday World
Sex charges against trampoline coach to be withdrawn after he takes his own life
Simon Flannery had been charged with possessing, making and distributing indecent images of children Sex charges against an award winning trampoline coach will likely be withdrawn in two weeks after he took his own life. Last month, Belfast Magistrates Court heard that 41-year-old Simon Flannery had been found dead in a Budapest hotel and today defence solicitor Adrian Harvey confirmed he had been sent a screenshot of the Hungarian death certificate. He told District Judge Steven Keown he ought to have a physical copy by next week 'and that will be provided to the court,' adding that he will also have to liaise with the Health Department in the Republic. Simon Flannery News in 90 Seconds - June 20th Flannery, originally from Co Mayo but who had been living on the Upper Lisburn Road in Belfast, had been charged with possessing, making and distributing indecent images of children. The 41-year-old, a former barber who was awarded the coach of the year accolade in 2019, was alleged to have committed the offences between 25 March 2020 and 29 November last year. Until his arrest, Flannery had been the head of the trampoline programme at NI's largest trampoline club and had been involved in training some of its best trampoline gymnasts, many of whom have competed all over the world. In court today the PPS said that in addition to the death certificate being lodged with the court, 'it has to go through the Assistant Director of the PPS' before the case can be marked was withdrawn. Judge Keown adjourned the case to 4 July.
