Pressure led to a fairground owner using his vehicle “as a weapon” to imidate a competitor and make threats, the Galway Circuit Appeals Court heard this week.
Judge Raymond Groarke expressed alarm last Tuesday when he heard how Alan McCormack used his truck as a “battering ram” to purposely push another vehicle off the road. The 31-year-old with an address at 6 Lispauchaun, Ennis, Clare, successfully managed to get his driving licence re-instated following his appeal, however, he will now have to pay an increased fine of €2,000 for dangerous driving and pay €1,000 to the injured party.
McCormack, who had failed to appear at the District Court sitting in September, had originally been fined €650 for the dangerous driving charge and disqualified for two years. He was also fined €350 for threatening and abusive behaviour.
Sgt Peter McGuinness gave evidence that at Cregboy, Claregalway, on April 1, 2008, the injured party, Mr Owen Curry, who is also in the fairground business, had been driving on the N17 when he had seen a van behind him with the driver “gesturing” to him. The van came up beside Mr Curry’s truck and then suddenly “swung” out in front forcing Mr Curry to break hard to stop.
Sgt McGuinness said that McCormack then threatened the injured party, telling him to stay out of parts of certain towns where both of them operate. Sgt McGuinness said that he spoke to the appellant over the phone but McCormack declined to make a statement. McCormack has no previous convictions and had not come to the attention of the gardai since.
McCormack’s barrister said that her client, an unmarried father of two, could not give an explanation except that he had been under pressure since his father was diagnosed with blindness. She then requested that the driving licence be re-instated as McCormack is the primary carer and is only person who can drive.
“You used your vehicle as a weapon to imitimate your competitor,” said Judge Groarke, who added that he was astonished that the damage to the injured party’s vehicle had not been paid for.
Judge Groarke then agreed to remove the disqualification but increased the fine for the dangerous driving to €2,000 with 60 days to pay. He also ordered that €1,000 be paid to the injured party within 14 days, and if not paid the matter will be re-entered. For the threatening and abusive behaviour Judge Groarke confirmed the order of the District Court.
