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 - Fri, May 4, 2007

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(Fermanagh Herald)

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Check below to read Court Stories

Total Stories: 50          Published: Wed, Mar 14, 2007



alfh140307 - moncrt exposed

Driving down the wrong side of the road

Fermanagh Magistrates Court was told that a 44-year-old Polish man, who was driving down the wrong side of the road, having consumed excess alcohol, was involved in an accident on the Teemore Road, Derrylin, in January this year.

As a result, Janusz Gladysz, from Arassain Pheadair, Bawnboy, Ballyconnell, appeared at Fermanagh Magistrate's Court where he pleaded guilty to driving with excess alcohol and with dangerous driving. He was fined £500 and disqualified from driving for 12 months.

The court heard that Gladysz had been driving his Audi A4 in the direction of Teemore, but that he had been on the wrong side of the carriageway and had collided with a vehicle travelling in the opposite direction. Following the accident, the defendant was breath-tested and registered 40 milligrams of alcohol in 100 millilitres of blood - that is five times in excess of the legal limit.

The prosecution solicitor said that during interview, Gladysz had admitted driving on the wrong side of the road, despite the fact that he had been driving in Ireland and the UK for three months. He also told police that he had not been concentrating and had gone over onto the wrong side of the road.

Imposing the fines, the RM Liam McNally, told Gladysz, "This is a very serious offence. You were driving on the wrong side of the road, and you had excess alcohol in your body."

Refused to pay for Lucozade and lollipop

A 26-year-old Enniskillen man, who went into the Lakeside Service Station, on Queen Street in Enniskillen and consumed a bottle of Lucozade and then proceeded to eat a lollipop, without paying for the items, has found himself before Fermanagh Magistrates Court charged with the theft of the items, valued at £1.12.

Before the court charged with theft was Wayne Joseph McElroy (26) with an address at Hillview Park in the town.

The court that on 30th June 2006, around 1.00am, the defendant went into the Lakeside Service Station and while in the shop he consumed a bottle of Lucozade. He then picked up a lollipop and began to eat this.

When staff asked him to pay for the items, he refused. Police were called and when they arrived, they found the defendant still on the premises and noted he was in an intoxicated state. The Court was told he was asked by police several times to pay for the items but he refused. He was then arrested for theft of the items.

When later questioned, he said he had no recollection of these events.

Defending, Bernard Corrigan reported that his client later attended Lakeside Service Station, paid for the items and apologised to staff in the shop for his behaviour, "He was so intoxicated that he wasn't interviewed about the incident until some eight hours later."

Mr Corrigan also submitted that the defendant remained at the scene until the police arrived. He said his client was, 'normally a placid individual' and that he was on Job Seekers Allowance.

Sentencing, RM Liam McNally said he would have imposed a conditional discharge if the defendant had a clear record. But, as he has two previous convictions for disorderly behaviour he imposed a £100 fine.

Driving without correct class of licence

A Lisnaskea motorist, who is used to driving lorries for his father during the summer, has appeared before a recent sitting of Fermanagh Magistrates Court charged with driving a lorry without the correct category of licence for that vehicle.

Fergal Martin O'Reilly (24) from Eshnagorr, Lisnaskea, was fined £200 for the offence when the case was heard before the court.

The court heard, in evidence, that on 24th May last year, a vehicle examiner stopped a two axle goods vehicle that was travelling along the A32 Enniskillen road and spoke to the driver, the defendant.

When the investigator examined the defendant's licence, he noticed that he didn't have Category C1 on his licence, the category required to drive this particular vehicle. The defendant told the examiner that the vehicle was owned by John O'Reilly and that he was driving it from Enniskillen to Ballinamallard on his behalf.

Defending, Heather Phillips, BL, submitted that this was a genuine mistake on the part of the defendant and that he thought he could drive this vehicle.

Ms Phillips told the Court that her client had driven for his father during the summer for some time without any problem. The Resident Magistrate, Liam McNally, imposed a £200 fine.

Death by dangerous driving

A Belcoo teenager has been charged with causing death by dangerous driving when he appeared at Fermanagh Magistrate's Court.

Oliver James Donnelly will stand trial for two offences, which occurred in August 2005 on the Moorlough Road in Lisnaskea. The 18-year-old, from Lattone Road, is accused of causing the death, by dangerous driving, of Joseph Patrick Gallagher and of causing grievous bodily harm to Maureen Gallagher.

Donnelly was released on his own bail to return for trial at Enniskillen Crown Court on 27th March 2007.


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