Enniskillen Magistrates Court
A EDERNEY man who smashed up his ex-partner’s car, claiming he did so because it was his, has been given a six month suspended jail sentence.
John Timlin (43) of Villa Terrace, Ederney pleaded guilty to criminal damage at Enniskillen Magistrates Court on Monday. The case had been initially listed for contest as Timlin claimed the car belonged to him.
On Sunday, May 7 this year, police were called to the village following a report of damage to a .
Around lunchtime on Sunday, May 7, the complainant left their children in the care of the defendant. She parked the car, a Volkswagen Touran, behind a shop in Ederney, less than half a mile away. Later that afternoon, Timlin went to the where the car was parked and smashed its windows in with a hammer.
When police spoke to the complainant, she said she’d seen Timlin standing beside the car with a hammer after the damage had been caused. CCTV also showed Timlin in the area of the car, and he was recorded walking away with the hammer.
Defence barrister Stefan Rafferty said the reason the case had previously been planned for contest was because there was a question over who owned the car, as the defendant and complainant had previously been in a relationship.
“So he goes around with a hammer smashing up his own car?” asked District Judge Nigel Broderick.
Mr Rafferty said Timlin had taken out the loan for the car and had paid the tax on it. He said the defendant had been frustrated he hadn’t got the car back from his ex-partner. He explained that because Timlin had been disqualified from driving when they bought the car, it was put into the complainant’s name.
“It was him who shook the hand of the man who sold the car,” said the barrister.
Mr Rafferty said the situation had been “bubbling over” for some time previously, and what drew Timlin’s attention on the day in question was that the complainant had a new partner who she was with that day.
When asked if there had been any domestic incidents previously between the pair, Mr Rafferty said the defendant was the subject of a non-molestation order due to two previous incidents.
Judge Broderick said the incident had was “vindictive” and “nasty”, and in his opinion Timlin “knew fine rightly what he was doing.” He said the defendant took his anger with the complainant out on the car, when he knew she needed the car for their children.
Pointing out the complainant had had to go through the upset of going to court to give evidence, as Timlin had intended to contest the case, he sentenced the defendant to six months in prison, suspended for two years. He also ordered Timlin to pay the complainant £200.
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