A judge said he did not believe a word of what was said by a defendant and witness during a contest over a drink driving charge at Enniskillen Magistrates Court on Monday.

The contest of the charge relates to an incident on November 7 last, when police came across a car parked up near Trory Roundabout on the Irvinestown Road.

In the car was Michael McAndrews (52), of Main Street, Pettigoe, who had been at a wedding in the Westville Hotel, Enniskillen earlier that day.

McAndrews told the court he had been at the wedding on November 6, having driven his BMW to the hotel as his taxi had not arrived.

He confirmed he had intended to drink at the wedding and then get a taxi home. He said he had about 10 pints at the wedding.

McAndrews said there were discussions about where people were staying and how they were getting home, with some joking they would tuck him up in the car for the night.

He then said he went up to go to the toilet and go out for a cigarette, before the next thing he remembered was the knock on his car window by police, and he did not realise where he was.

The court heard that when police came across the car, the engine was running, headlights were on, and McAndrews was in the driver’s seat with his seatbelt on.

However, McAndrews denied that he had driven, saying: “I know I wouldn’t get in [and drive] with a single drink [taken].”

A vague recollection

He said he had a vague recollection of being cold, and assumed he started the car to get the heater going, but he did not know how he got into the driver’s seat, and he did not know how long he was there for.

Continuing, McAndrews said he was “half asleep” and told the police something about work before being breathalysed, which he failed, with him then being brought to Omagh Police Station.

During cross-examination, when it was put to McAndrews that it was convenient he only remembered certain parts of the day, he replied: “It’s far from convenient.”

The prosecution also questioned how someone who said they were not driving had remembered to put on their seatbelt. McAndrews claimed it was “muscle memory” to do it when he got into a car.

The witness, McAndrew’s nephew, then gave evidence and said he had seen a car drive past while he was out having a cigarette at the front of the Westville Hotel.

In the car was his uncle asleep in the passenger seat, but he could not see who was driving.

He said the car came out of the car park at the hotel and turned right.

The witness could not tell the court what type of car it was as he did not have an interest in cars, but said that it seemed black in colour.

McAndrew’s nephew said he had approached his uncle at a function months later to mention something about driving his car. He said he was not aware that McAndrews was facing a drink-driving charge, or had been stopped.

When pressed as to the convenience of him seeing his uncle being driven away, the witness replied it was just what he saw.

In their submissions, both the defence and prosecution said the case came down to the credibility of the evidence heard from the witnesses and police case, which the judge had seen.

Deputy District Judge Trevor Browne said the police case gave “irresistible inference” that McAndrews was driving.

He said if McAndrews and his nephew were going to tell a lie, to “tell a credible one”, adding: “I didn’t believe a word they said. This man is guilty as charged.”

McAndrews was disqualified from driving for 12 months and fined £250 for driving with excess alcohol in his breath.