Main Street, Tempo RMG99
A DISQUALIFIED driver waved on an off-duty policeman to pass him before recognising the officer and driving quickly away, a court has heard.
Aiden Donnelly (24) of Ballylurgan, Fivemiletown, appeared at Enniskillen Magistrates Court on Monday for sentencing on charges of driving while disqualified, driving without insurance, driving without an MOT, and careless driving.
On Wednesday, December 2 an off-duty police officer saw a silver Vauxhall Vectra on the Main Street in Tempo, pulling out on the left-hand side of the street. While doing so he put his head out the window to wave the driver behind him on, and appeared to recognise as the off-duty officer, who was aware Donnelly was disqualified from driving.
Donnelly, who had a relevant previous criminal record, then took off at speed, almost colliding with her car, and was well over the other side of the road. Due to the speed he was travelling he officer quickly lost sight of him. The defendant was then arrested in February and gave a “no comment” interview on the matter.
Defence barrister Steffan Rafferty explained the street in Tempo has parking on both sides and said anyone travelling on it would have to cross the central white line. He added the manner of Donnelly’s driving was “certainly careless but not dangerous.”
Mr Rafferty said Donnelly, who was a year-and-a-half into four year driving ban, had been trying to make a business of buying cars, fixing them up and selling them on. On the day in question, as the others he would’ve got to do it for him were not available, so he had taken a risk.
“He had been working with cars for over two years, and had managed to keep himself from driving,” said the barrister, stating Donnelly “hadn’t given in to temptation” but had “fell off the wagon” on this day.
District Judge Nigel Broderick said Donnelly had an “atrocious” record and had been before the Crown Court many times. He disqualified Donnelly from driving for a total of three years, fined him a total of £175, and sentenced him to a total of 200 hours community service. Judge Broderick warned Donnelly if he did not comply with the community service order he would be back before the court for further sentencing.
Judge Broderick added that he would be informing the Crown Court, where Donnelly had recently been given a suspended sentence, where it would be up to the Crown judge whether to now enact the sentence.
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