Chip van owner given ‘a lucky break’ in driving case

The owner of an impounded chip van got a lucky break in court yesterday when a judge cleared him of a careless driving offence.

Finbarr Harrington, of Owenahincha, West Cork, arrived at the village square in Rosscarbery on Oct 23 last to find his van missing.

In a “split second” moment, he swerved his car to the wrong side of the road in what another driver claimed was a deliberate attempt to hit him.

At Clonakilty District Court yesterday, Judge James McNulty heard how Mr Harrington had received multiple warnings from Cork County Council to remove the chip van from its parking space in the village square.

Mr Harrington arrived to open the van at 11.20am but it had been removed by the local authority.

Defence solicitor Mary O’Leary said Mr Harrington arrived that morning to find an empty parking space where his chip van had “always been”.

“In a split second, his car veered over to the wrong side of the road and, when he realised, he swerved back,” she said.

She said her client “absolutely denies anything deliberate” and there was no impact or injury.

Ms O’Leary said Mr Harrington’s partner of 30 years had died two weeks ago.

A letter submitted from Mr Harrington’s GP gave “a good understanding of where he was coming from”, said the judge.

The defendant has one previous conviction relating to title issues connected to the removal of his van from Rosscarbery Square, the court heard.

“He’s had a lot on his plate these last 12 months,” said the judge. “Up to this he was a man of good character and good behaviour. He may be entitled to a lucky break.”

Dismissing the offence on a conditional discharge basis, Judge McNulty said he would “hold fire, as it were” and ordered Mr Harrington to enter a good behaviour bond for three years.