BY DAVID FORSYTHE
A MERCEDES driver damaged another car while parking in Macroom town square but subsequently denied causing the damage, a recent sitting of Macroom District Court heard.
Insp Anthony Harrington said it was alleged that on May 18th 2023 at approximately 10am Alan Townend, 72, of Rockborough, Macroom, damaged another vehicle as he was parking his car in the square opposite AIB bank.
Insp Harrington said that there was CCTV footage and photographic evidence. Seamus Moynihan said he parked his Volkswagen Passat outside AIB shortly before it opened at 10am. When the bank opened he went in and returned to his car 10 or 15 minutes later. He then drove to Clondrohid, a short distance, to tend to some of his animals.
Mr Moynihan said that on returning to his car he noticed dents and scratching along the passenger side of the vehicle. He surmised that the damage must have happened while his car was parked outside the AIB bank and he reported it to the gardaí.
Garda Maria O’Riordan obtained CCTV footage from AIB bank which showed a Mercedes parking beside Mr Moynihan’s Passat shortly after 10am. The driver later, identified as Alan Townend was observed getting out of his car after parking and inspecting the front bumpers of his own car.
The court heard that Mr Townend agreed to meet Mr Moynihan to discuss compensation but when Mr Moynihan told him he had an estimate for the work at €1,500, Mr Townend was only willing to offer €400.
When Mr Townend met Mr Moynihan he took out a measuring tape and measured the height of the marks on Mr Moynihan’s car. He said that following his measurements he disputed that he could have caused any marks higher than 50cm on Mr Moynihan’s car because that was the height of scrape marks on his own bumper.
Defence solicitor Jack Purcell said that when his client was parking his car the parking sensors were warning him of the close proximity of other vehicles, but there was no indication from the sensors that any collision had occurred.
Mr Townend said that he would always check his car, as shown in the CCTV, when the parking sensors had sounded.
Under questioning, Mr Townend said that the marks on the front left bumper of his own car were there before the incident. He said he had not told gardaí this before because he wasn’t asked.
Judge Adrian Harris said that he was satisfied beyond a reasonable doubt that a collision did occur. The court heard that Mr Townend had no previous convictions.
Judge Harris said he would allow Mr Townend to pay for the damage caused to avoid a conviction, to which Mr Moynihan agreed.
Mr Townend was ordered to pay Mr Moynihan €1,572 before March 20th, in which case, the charge would be struck out. Otherwise, the judge said, he would be convicted and fined a total of €2,600.
