The case was heard at Enniskillen Court House
A 20-year-old Boho mechanic whose car was discovered twice by police without a working suspension, has been convicted at Enniskillen Magistrates Court.
Caolan Maguire, of Boho Road, Drummacoorin was convicted after contest of using a vehicle in a dangerous condition and having a defective tyre. He was fined a total of £350 and given three penalty points.
A police officer and vehicle examiner told the court that while on duty on October 20, 2014 he followed the defendant, driving a Citroen ZX into Holyhill Carpark in Enniskillen. He saw that the suspension on the vehicle had been excessively lowered. He spoke to Maguire, the owner of the vehicle and carried out further checks. He discovered no oscillation in the suspension arms, therefore no suspension in the rear of the vehicle.
Looking underneath the vehicle he noted the arms were resting on the bump stops therefore rendering the vehicle without a suspension. Maguire was issued with a prohibition notice, but the vehicle was later produced to police and the problems rectified.
On December 30 the officer again came across the defendant, this time parked at the Diamond in Enniskillen in the same vehicle. He observed the same circumstances as previous, with the suspension of the vehicle excessively lowered and the suspension arm again resting on the bump stops. He also noted a defective tyre, which was readily admitted by the defendant. When told to rectify the issue of the suspension Maguire said there were tools in the boot of the car, which were lowering the suspension. When asked to remove them the defendant said he couldn’t without injuring himself. In the boot of the vehicle was a large trolley jack, along with other tools for Maguire’s work as a mechanic, which weighed in excess of 140kg. Maguire was cautioned and advised to have the problems rectified.
Defence solicitor Garry Smyth stated that the only reason the vehicle was low was due to the tools in the boot. Taking the stand Maguire stated he had done no work to the suspension on the vehicle to lower it.
When asked by district judge Nigel Broderick why, after being issued with a prohibition notice in October he put himself in the same situation again, the defendant stated that his main focus was getting to work with the tools in his car.
The district judge said he was satisfied the vehicle did not have proper suspension both in October and December. The judge noted it was perhaps not without significance that in October Maguire chose not to bring to the officer’s attention the issue of the tools. Mr Broderick told the defendant what troubled him most about the charge was the fact Maguire was prepared to accept the tools rendered the vehicle dangerous, but yet still chose to put them back in his vehicle. The judge convicted the defendant on both counts.
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