Turf war whips up a €500 fine for one ice cream van man who lost his cool
An ice cream van man who whipped himself into trouble on a busy beach has been fined €500 for using threatening and abusive language towards another ice cream van man in a row over “patches” on Rossnowlagh Beach, in Co Donegal last summer.
Judge Kevin Kilrane described the matter as an “ice cream truck war”, to laughter in court.
On July 18, 2017, Tom Ward, aged 65 from Drumnakilly, Omagh Co Tyrone, rammed another van driven by Felim Kernan and then shunted it forward while the alleged injured party was serving customers, Ballyshannon District Court heard.
He also told Mr Kernan that he could get the ‘fucking gardaí” if he wanted to during the altercation on the crowded beach that 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 then shunted him forward.
He had been 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, he initially refused.
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 ice cream.
Mr Kernan said he had suffered injuries to his back and had a personal injury claim and there were a number of eyewitnesses to the incident.
Tom 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 then 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 gardaí.
Judge Kevin Kilrane said there was a history between the parties.
The judge said he was satisfied that Ward had used threatening and abusive language and fined him €500, but 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 the incident.
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.
