A DRIVER who was accused of blocking the view of a speed van on the Cornagrade Road when he went to a local chippy has had his case dismissed by a judge.
Barry McGovern (48) of Moybane Road, Letterbreen contested a charge of obstructing or impeding a police designated person at Enniskillen Magistrates Court last Wednesday.
It was alleged McGovern had parked in front of the van on August 20th this year, blocking its view. The court was told McGovern had come around to the front of that van, looked at the gap he’d left, and had a smile on his face. It was also alleged he told the operator of the van to “f**k off.”
The Public Prosecution Service (PPS) argued this amounted to obstruction.
Defence barrister Ciaran Roddy said there was no question McGovern had blocked the sight line of the speed van, but said the question was whether this constituted obstruction, which he argued did not. He said the van had been parked in a designated space on the Cornagrade Road, as was McGovern, who he said was parked legitimately and was going to a diner across the road.
Pointing out McGovern also disputed what was reportedly said during the exchange, Mr Roddy said there had been no cones on the space where the defendant had parked, and nothing to indicate he should not have parked there.
A spokesman for the PPS said there had been spaces near the diner McGovern could have parked in instead, which they said “speaks to his intention.”
District Judge Michael Ranaghan said McGovern’s actions amounted to rudeness “at their height.”
He said there were no signs on the van or on the road stating it was an offence to block the van’s view. He dismissed the case.
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