AN ICE CREAM van driver has been fined for whipping up a storm on Rossnowlagh beach.
The incident at the popular bathing spot, that took place on July 18th 2017, was described by Judge Kevin Kilrane as an ‘ice cream truck war’ at Ballyshannon District Court last week.
Tom Ward (65) of Drumnakilly Road, Omagh was charged with using threatening and abusive language towards another ice cream van man in a row over the best pitch on the shoreline. The court heard Ward had rammed the other van, driven by Felim Kernan and then shunted it forward while Mr Kernan was serving customers. The beach was busy at the time of the altercation and was filmed by a bystander.
Mr Kernan told the court he was parked 20 yards away from Ward, who he claimed rammed his vehicle once and then shunted him forward. He said he was serving customers and said suddenly his engine switched off as Ward had taken the keys from his ignition. When he asked Ward to return the keys, the defendant initially refused.
Mr Kernan said he had suffered injuries to his back and had a personal injury claim.
Tom Ward told the court he had been selling ice cream on the beach when Felim Kernan had pulled his van in front of his vehicle.
“He parked in front of my bumper and I jumped out of the truck and took the keys from the ignition,” he said.
Ward admitted “tipping” the other van and said he handed the keys back to Mr Kernan after five minutes. Ward said he thought the matter had ended and did not know Mr Kernan was going to contact the Garda.
Judge Kevin Kilrane said there was a history between the parties and commented that both were looking for “purple patches” on the busy beach.
The judge said he was satisfied Ward had used threatening and abusive language and fined him €500. However, the judge dismissed a charge of careless driving, even though the defendant had pleaded guilty to the charge.
The judge said the injured party had given “a gross exaggeration” in connection with the alleged careless driving as there was barely a scratch on his vehicle.
He struck out the remaining charges of stealing keys, having no insurance, and failing to produce insurance for an incident on July 18, 2017.
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