Frank’s Bar, Belleek
A BELLEEK mechanic has been found guilty of drink driving after a judge refused to accept he had not moved his brother’s van when he got behind the wheel to check if its engine was OK.
Thomas Morrow (48) of Old Station Road, Rathmore contested charges of drink driving, driving without insurance and driving without a licence at Enniskillen Magistrates Court last Wednesday.
During the trial, two police officers gave evidence that at around 9pm on October 27 last they were dealing with an unrelated matter on Belleek Main Street when they observed Morrow walk from the direction of Frank’s Bar and get into a white Seat van that was parked near the Carlton Hotel. The officers said Morrow then reversed onto the street before being stopped by the officers.
One of the officers said he asked Morrow to pull back into the parking space, as the van was holding up traffic. The officer said he then noticed a smell of alcohol from Morrow, who failed a preliminary breath test and later returned an evidential reading of 50 micrograms per 100ml of breath.
In his evidence, Morrow did not dispute that he had been drinking in Frank’s Bar but denied reversing the van onto the Main Street, stating he turned on its engine but did not move it.
Morrow, who said he lived within walking distance of the bar, explained the car had been driven by his brother earlier in the day and his brother had noticed the engine had been making a strange “knocking” noise. Morrow, a mechanic by trade, said when he was in the bar he was told his brother was outside, and when he went out to him he asked him to check it.
Stating he could assess the engine by listening to it, Morrow said he got into the van and put on its engine, and when he put his foot on the clutch the van made “a terrible noise” that sounded like a plane engine.
The defendant’s brother Anthony Morrow also gave evidence to the court, stating he’d asked his brother, who he said had “a good mechanical ear”, to listen to the van’s engine.
Mr Morrow added the van was insured at the time, and anyone with a full licence over the age of 25 was permitted to drive it, however he had no documents in court to prove this. The defendant told the court he did have a valid licence, and subsequent checks revealed this to be correct.
dismissed the charge of driving without a licence, but stated did not believe the evidence of Morrow or his brother as opposed to the police officers, who he said were “credible and reliable.”
Judge Broderick said if he had pleaded guilty to the charge Morrow would be facing a 12 month driving ban, but as he contested the matter he imposed an 18 month disqualification on the defendant and fined him £300.
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