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PAGE 22. THE CITIZEN, THURSDAY, FEBRUARY 26, 2004.
Court news
Reckless driving results in lost licence for man
A Blyth man lost his licence after
being found guilty in Wingham's
provincial court Feb. 19 of
dangerous driving.
Judge R.G.E. Hunter heard
testimony claiming that Dan Mullin
had driven through stop signs and
was speeding in the village of Blyth
on Aug. 12.
The first witness called by Crown
Bob Morris was Murray Lusk. He
said he had seen Mullin "passing
quickly" in front of his house. He
claimed that Mullin had driven
through several stop signs, one of
them in reverse.
Lusk. who is a youth officer at
Bluewater correctional facility, said
when he stepped onto the road to try
and stop Mullin. the accused missed
him by "about six inches".
Mullin. who represented himself,
stated that his car could not go the
speed in reverse that Lusk had
claimed. -
A second witness, Ericka Poole
backed up much of Lusk's story.
Though she wouldn't estimate the
speed at Which Mullin had been
travelling, when asked by Hunter
whether it had been normal or too
fast, the witness said, "Fast, which is
normal for him."
Taking the -stand Mullin said that
while he may not have stopped as
long as he should have he did not go -
through the stop signs. During cross
examination, however, he said that
he "maybe went through two", but
was sure. he had almost come to a
stop one of those times.
The accused also added that he
didn't know it was illegal to back up
a street, explaining that the whole
incident had been a result of his
being in hurry to get to work.
He said he felt Lusk was on a
"power trip —and questioned why the
man wouldn't simply have gone in
to call police instead of coming onto
the roadway to stop Mullin.
Lusk also testified to a second
charge against Mullin when the
young man had threatened to kill his
dogs. This incident occured on the
Greenway Trail in Blyth on Aug. 12.
Lusk had been walking his dogs
on the path and encountered Mullin
and a group of friends. During an
exchange of words, Lusk said the
accused said he would "kick my
dogs to death."
Mullin denied the accusation and
two witnesses, both friends of the
accused who had been present, said
they did not hear him say anything to
that effect.
Hunter believed Lusk and found
Mullin guilty of the charge.
Prior to sentencing, Hunter asked
Mullin what would have happened if
;there had been a child or car coming
through the intersections when he
failed to stop.
"I might have hit them," he
responded, adding that he had a clear
view and could see nothing coming.
In addition to losing his licence for
a year, Mullin was fined $750. On
the threat charge he was given a
suspended sentence and placed on
12 months probation. He is to have
no contact with Lusk or be within 50
metres of his residence or place of
work.
Mullin was given one year to pay
the fine.
Weapon possession
A London woman pled guilty to
possession of a weapon and
possession of cannabis resin.
Morris said that on May 23. police
were called to I lensall
regarding a vehicle. Inside the car
was Kimberly Cawley. Searching
her ;purse the officers found a part
live-gram bottle of cannabis oil and
a knife that opened by centrifugal
force.
She was fined $500 for the
weapon and $250 for the narcotics
charge. Hunter also placed her on 12
months probation. Cawley is
prohibited from owning weapons for
live years.
She was given six months to pay
the tine.
Fraud
Ruth Marie Johnson of Wingham
pled guilty to fraud.
According to Morris. Johnson had
received benefits from the
government, but had not claimed the
investments from an inheritance.
Attorney Alan Mill noted that the
money had been invested and not
used as income during the time
Johnson had been receiving benefits.
"The fraud was in failing•to disclose
Huron OPP are continuing to battle
away at the drinking and driving
problems in the county.
An officer was patrolling near
Vanastra, Feb. 21 when a vehicle was
observed leaving a bar and driving
towards Clinton on London Rd. The
driver, a 20-year-old male from
North Huron blew a warn on the
alcotest resulting in the loss of his
licence for 12 hours. He also was
charged with a traffic offence as he
was in contravention of his G2
licence.
On Feb. 21 at 9:30 p.m. a black
tlic
Johnson has no prior record. She
recei‘ed a suspended sentence and
as placed on 12 months probation.
Assault
Action without thought landed a
fjorrie woman in court.
On Jan. I, the victim had been at a
house party. The residence was
being renovated and the stairwell
from the kitchen was open on both
sides.
The victim's wife, Tohy
Mawhinney, who pled guilty to the
charge, arrived at the party, went
over to her husband and asked "what
the f--- he was doing", said- Morris.
He said she pushed the victim, who
stumbled and fell backwards down
the stairs. He received bruises to the
back, neck and shoulders.
Duty counsel John Myers said the
accused had 'been receiving
counselling since the incident, was
"remorseful ,and determined to put
the incident behind her."
She was granted a conditional
1998 Ford pickup truck was stopped
after it was seen travelling at a high
rate of speed on Turnberry Street in
Brussels.
The driver had alcohol his breath.
He was given the roadside test and
blew a warn. The 23-year-old man
from Huron East, lost his licence for
12 hours. He was also charged with a
traffic offence. A quantity of open
alcohol was found inside the vehicle.
At approximately 10 p.m. officers
came across a vehicle on Huron Road
in Goderich travelling in an erratic
manner. The driver showed signs of
discharge and placed on 12 months
probation. Mawhinney is prohibited
from owning weapons for five years.
Assault
A Wingham man pled guilty to
assault.
On May 21, police were called to
the hospital regarding a complaint of
domestic assault. The victim had
stated that in the course of an
arguMent she had been struck by her
husband, Bruce Machan, on the chin
and hack of the head.
Counsel Mike Donnelly said the
couple had been in the process of
separating arid now were. He added
that the victim had been having
problems which had prompted
- Machan to arrange for her
attendance at the hospital on the day
police were called.
Machan was granted a conditional
discharge and was placed on 12
months probation.
He is not permitted to posSess
firearms for a period of five
years.
impairment and was arrested. He was
taken for breath :.gists that indicated
he was two times the legal limit.
The 49-year-old from Central
Huron has been charged with
impaired driving and driving a motor
vehicle with over 80 ings. He will
attend court in Goderich on April 5.
Another officer at 12:15 a.m. on
Feb. 22 stopped a vehicle on London
Road in Bluewater near Vanastra
over a traffic incident. A 37-year-old
male from Bluewater lost his driver's
licence for 12 hours after blowing a
warn on the alcotest.
OPP wage battle on drunk driving
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