A driver who took an axe from his van during an altercation with a cyclist over parking in a cycle lane has avoided a conviction at Cork District Court after the judge heard he had never been in trouble with gardai before.
James Long (55), Ballinluska, Crosshaven, Co Cork, was
charged with a public order offence but was penalised via a donation to
charity, meaning he avoided what would have been a first conviction.
The court was told a 21-year-old cyclist was riding on
his bike in Cork City when he approached the driver of a van who, the court
heard, was parked in a cycle lane.
Initially the cyclist tapped on the window of the van and
told the driver he should not be parked in a cycle lane.
The court was told the driver, Mr Long, was dismissive of
the cyclist but then got out of the vehicle, went to the back of it, and took
an axe out of the vehicle.
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He then shouted at the cyclist, who informed Mr Long he
was recording the incident with a camera on the handlebars on his bike.
The court was told Mr Long then got back into his van and
drove off. However, solicitor Frank Buttimer, for Mr Long, told the court his
client was not charged with any offence relating to the axe.
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He said the only reason Mr Long had an axe was because he
worked as a carpenter, adding he was only charged with threatening, insulting
or abusive words or behaviour.
Judge Olann Kelleher accepted this but said: “Except he
took an axe out and produced it to the cyclist.”
Mr Buttimer said his client had never been before the
courts before and never would be again.
“He has reached 55 and never got into trouble and it is
never going to happen to him again at this hour of his life,” he said.
“He has been very concerned about this matter. We have
spoken to him about it three or four times.”
Judge Olann Kelleher ordered Mr Long to make a €400
contribution to Cork Simon Community and write a letter of apology to the
cyclist.
If those conditions were met he said he would dismiss the
charges under the Probation Act as it was a first charge, meaning Mr Long does
not have a criminal conviction arising from the incident.
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