May 26, 2022
Bali Mina Court House. INBT02-213AC

Thomas Palmer of Dickie Stown Road denied one charge – reckless driving – and a contest was held at the Interim Magistrate’s Court in Bali Mina. Charge of Dickie Stone Road on 19 August 2020.

Andrew Dunlop, who told the court he was 30, entered the witness box to testify that around 8.30am he had parked a tractor and trailer near his brother’s house so that he could enter the property. Can help with any task. Mr Dunlop said a car approached the “speed” and made no attempt to slow down. “The car started turning towards me and I had to jump off the road, otherwise I would not be standing here today,” he said. He said the vehicle was traveling at a speed of about 40-45 miles per hour.

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Mr Dunlop told the court: “As I was jumping off the road, my arm sprang out, hitting the side of the road and the side wing mirror of the car, and as it smashed the car’s wing mirror. And the wing mirror went into the air and whenever it came back down and hit the road, it hit the whole road in eight or nine different bits.

He said he identified the car as a “family affair” with his “great uncle” Thomas Palmer. Mr Dunlop said he had a cut on his arm and a “scratch” on his shoulder, and an X-ray showed he had no fractures.

In response to Mr Palmer’s defense barrister, Stephen Law, Mr Dunlop said “there is a family feud going on, not just me, the whole family is involved, more than me”. Mr Dunlop admitted that he had received a “harassment notice” but claimed that it was “for something not done”.

Mr Law told Mr Dunlap that what Mr Dunlap was telling the court to believe was that Mr Palmer, who had gone to the shop to pick up the newspaper, “decided to chase you away and tried to kill you.” “Like you said you wouldn’t do that. Stand here today.”

Mr Dunlop said: “Yes” and added: “Well, the same man threatened to shoot my father.” Mr Law asked Mr Dunlop: “Is there anything you wouldn’t say is bad about this man? You just want to blacken that man’s name.

Mr Dunlap replied in the affirmative, when Mr Law said Mr Dunlap was saying Mr Palmer had “deliberately” referred to him. Mr Dunlop said he “jumped to the edge of the grass”.

Mr Dunlop denied Mr Law’s suggestion that he was “outraged” when he saw Mr Palmer’s car because of the “quarrel”.

Mr Law added: “I suggest that because of your temperament and your hatred of this gentleman, you have arranged for him to be prosecuted for reckless driving.”

Mr Lawr said Mr Palmer had been driving without a penalty since he was 17 years old.

A police officer told the court that whenever he arrived at the scene he was dealing with an “assault” report but that there was “not enough” evidence to attack Mr Palmer and instead recklessly drove over him. Was accused of driving.

Taking a stand, Mr Palmer confirmed to the court that he lives on his own on a farm on Dickie Stown Road and agreed with Mr Law that there was a “slight rift” in the family. Mr Law told Mr Palmer that Mr Dunlap had told the court that “you deliberately chased him away and killed him” but Mr Palmer refused to do “anything”. He added: “There was no shock. In those 65 years, I’ve been through thousands of people on the streets, maybe millions.

Mr Palmer denied the prosecution’s advice that he wanted to “scare” or “intimidate” Mr Dunlop. Mr Palmer said he was driving with “proper care and attention at all times” and had a clean license.

In summary, Mr Law said: “It is not out of the question that the anger and mistrust between the parties have ended and this will cast a cloud of doubt over the issue.”

District Judge Nigel Broderick said the video worn on a police officer’s body was not being properly recorded and his police issue mobile phone was being repaired and no sketch was taken at the scene because the officer thought He had video footage.

The judge said there was a “gap in the prosecution’s evidence”. Judge Broderick stated: “There appears to be a history of animosity between the parties to such an extent that the complainant received a notice of harassment and accepted it, although he does not believe that he was able to substantiate this notice. He has done something wrong but he accepts it. The test is that he accepted it and did not appeal.

Judge Broderick said the “burden of proof” was on the prosecution. He said that there was no doubt that the image of the wing was damaged, the question is how it happened? Was it that, on the complainant’s account, the judge, as a result of the defendant’s “deliberate inclination towards him and had to effectively jump out of the way of the defendant’s vehicle, otherwise, to use his expression” For “he will.” Not yet here. “

The judge described it as a “very serious charge” and said Mr Law had “tried to classify it as an attempted murder. He could have said it on his face, but I don’t think the police ever did.” What is this attitude?

The judge said police were initially investigating the “assault” charge. “For whatever reason, the prosecution has decided not to bring this charge and the charge they have brought is reckless driving,” the judge said.

Judge Broderick said the question he had to address was whether the wing mirror came into contact with the complainant’s hand, which, in turn, led to, on his account, “intentional, or indeed a negligence,” The verb, or this, as it was s
upposed, was made by the defendant during his interview, although there was no adventure by the defendant today, that it was Mr. Dunlop’s hand mirroring his arm. It was a deliberate attempt to kill. “

“Therefore, we have two different accounts. The defendant is a gentleman who has no previous belief and is entitled to the direction of ‘good character’. That does not mean that he should drive recklessly.” Can’t be guilty.

Judge Broderick added: “I am not entirely satisfied with the mechanics that the plaintiff says he came from his injury and I have doubts about how this really happened and if there is any doubt in my mind then I will respond. I am obliged to give it to Alayh and for the reasons given I have dismissed the matter. “

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