Monday 22 July 2019

Ice cream truck wars: vendor fined €500 for threats and abuse

A general view of Rossnowlagh Beach in Donegal
A general view of Rossnowlagh Beach in Donegal

Gerry McLaughlin

An ice cream van man has been fined €500 for using threatening and abusive language towards a rival in a row over “patches” on a beach.

Judge Kevin Kilrane described the matter as an “ice cream truck war”.

Tom Ward (65) of Drumnakilly, Omagh rammed another van driven by Felim Kernan while he was serving customers, Ballyshannon District Court heard.

He also told Mr Kernan that he could get the "f***ing gardai” if he wanted to, during the alteraction on the crowded Rossnowlagh Beach in Co Donegal, which was filmed by a bystander.

Mr Kernan told the court he was parked 20 yards away from Ward.

He said the defendant rammed his vehicle once and shunted him forward.

The witness was serving customers and suddenly his engine switched off as Ward had taken the keys from his ignition.

When he asked Ward to give back the keys, the latter initially refused, the court heard.

Mr Kernan said the custom on the crowded beach was to sell ice cream and then move for about 20 yards down the beach to sell more.

He said he had suffered injuries to his back and had a personal injury claim.

Ward told the court that 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 truck and took the keys from the ignition.”

He admitted tipping the other van and the handed the keys back after “five minutes”.

Ward said he thought the matter had ended and did not know that Felim Kernan was going to contact the gardai.

Judge Kevin Kilrane said there was a history between the parties.

They were both looking for “purple patches” on the beach.

The judge said he was satisfied that Ward had used threatening and abusive language and fined him €500.

But the judge dismissed a charge of careless driving against the defendant, even though he had pleaded guilty to that 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 July 18, 2017.

The defendant had pleaded not guilty to the charge of using threatening and abusive behaviour and of driving with no insurance and failing to produce insurance.

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