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 - Fri, Mar 16, 2007

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Check below to read Court Stories

Total Stories: 46          Published: Wed, Feb 14, 2007



Lorry was almost 50% overloaded

An Enniskillen lorry driver, and the company he was driving for, have both appeared before a recent sitting of Fermanagh Magistrates Court in connection with an overloaded lorry.

The court heard that on 23rd May last year, around 10 o'clock in the morning, a lorry was stopped by vehicle examiners along the Belcoo Road, Letterbreen and weighed.

The vehicle was found to be 49.8% over weight and, the court heard, the driver gave his name as Joseph Cribben (52) from Windycorner, Hillview Road in Enniskillen. He told the examiners he was driving for Monaghan Contracts Ltd, Cahore, Ederney.

Cribben, the Court heard, accepted the lorry was overloaded but said he didn't know that the lorry was overloaded.

Bernard Corrigan, defending, explained that Monaghan Contracts Ltd are a small family firm with a few lorries on the road and just 10 employees. On the day in question, Mr Corrigan said, the driver had been asked to go to DOE depot at Killyhevlin Industrial Estate to load stone.

Mr Corrigan explained that, firstly, there is no weighbridge at this location and, secondly, the lorry in question was also loaded with a small digger. Mr Corrigan went on to relate how the company had now bought four new trailers, one of which could take the digger, 'so this type of incident will not happen again'.

The defence also pointed out that the defendant, Cribben, had co-operated with authorities fully throughout this incident.

Resident Magistrate Bernie Kelly said this was 'quite a significant overload', and fined Joseph Cribben £75 and fined Monaghan Contracts £200.

Toyota Starlet driver had no insurance

Driving without tax or insurance has left a young Enniskillen motorist facing fines of £250, and he is now disqualified from driving until he passes his test.

Before the court on two motoring charges was Stuart Andrew Orr (19) from Derryclaven Road. The court heard on 23rd October 2006, the defendant was stopped at a police vehicle checkpoint while driving a Toyota Starlet along the Irvinestown road in Enniskillen.

The defendant was asked to produce his driving documents, which he didn't have with him, and he elected to produce them at Enniskillen Police Station.

When records were checked on 25th November, no record of production was found.

A letter on file from the defendant confirmed that Orr was a provisional licence holder. He explained that the car was in the garage, but he needed to take it out on this particular day, that he needed the car for his work.

Sentencing, Resident Magistrate Bernie Kelly imposed a fine of £50 for driving without a road fund licence and fined the defendant £200 and disqualified him from driving until he passes his test for driving without insurance.

Man spat at female employee of chip shop

Spitting at a female working in an Enniskillen chip shop has brought a Coa man before a recent sitting of Fermanagh Magistrates Court where he faced a charge of unlawful assault.

Before the court charged with the offence was Ciaran Morris (42) from Derryallen Road, Killymitten, Coa. For the charge, the defendant was sentenced to one month's imprisonment, with this sentence suspended for 18 months.

The court heard that on 3rd May last year, the defendant entered Nibblers Take Away in Enniskillen in an intoxicated state. The defendant was barred from the premises for earlier behaviour and was asked by the female member of staff, Maryclare Maguire, to leave.

Before leaving, the defendant cleared his throat and spat into the face of the injured party.

Defending, Garry Smyth acknowledged that his client had previous convictions, but that these were mostly for motoring offences. He submitted that the increased use of alcohol by the defendant had led to the defendant engaging in increasingly worse behaviour.

Mr Smyth said Morris was ashamed of his behaviour in relation to this incident and wished to put on record his apology to the injured party.

Mr Smyth said Morris had taken 'significant attempts' to mend his ways, and that a probation order received by this defendant last August had had a positive impact. The court heard the defendant hadn't engaged in any offending since August.

Sentencing Morris, the Resident Magistrate Bernie Kelly described the offence as 'a disgusting action, wholly and totally uncalled for".

She noted that the defendant had already completed a community service order and, in mitigation she observed there was nothing of this sort in his record.

However, due to the gravity and nature of the offence, she imposed a one month prison sentence, suspended for 18 months. Ms Kelly also ordered the defendant to pay the injured party £100 in compensation.


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