A 20-YEAR-OLD man who nearly caused a head-on collision when he overtook two lorries as he approached a bend on the main road near Brookeborough is to appeal his conviction for dangerous driving.

Robert Elliott, of Drummeer Road, Faughard, Lisbellaw, had denied driving dangerously on the Belfast Road, Brookeborough, on December 8, 2015, but indicated that he would plead guilty to the lesser charge of driving without due care and attention. However, after a contest heard before Fermanagh Magistrates Court, judge Nigel Broderick ruled that the defendant’s driving had met the test of dangerousness as it had fallen “far below” that to be expected of a driver.

The court heard that, at around 7.50am, a police mobile patrol travelling along the Belfast Road in the direction of Fivemiletown observed an Audi further ahead overtaking two articulated lorries.

As it carried out the overtaking manoeuvre, the Audi met an oncoming vehicle, which had to swerve left on to the hard shoulder.

Following the completion of the overtaking manoeuvre, the Audi was stopped by the police. The driver identified himself as the defendant and made no reply when he was cautioned.

When asked about the oncoming vehicle, Elliott told the officers that he “didn’t see it coming”. He also said that the lorries had been travelling at around 50mph and he was “just trying to get past them”.

Police also took a statement from the driver of the oncoming vehicle, a Ford Focus.

She stated that, after the incident, she remembered thinking: “That was close. It was over before I knew it.”

Taking to the stand, the defendant told the court that, on the morning in question, he had been travelling to his work in Fivemiletown. He insisted he had started the overtaking manoeuvre on a straight section of the road.

Elliott further claimed that he saw the oncoming Ford Focus when he got to the far side of the first lorry, but believed he had “enough time” to complete the manoeuvre.

During cross-examination, the prosecutor said that this was “contrary” to what the defendant had told the police.

“You pulled out when you couldn’t see the car coming,” the prosecutor added.

Defending solicitor, Niall Bogue, argued that it was not a case where his client had been overtaking on a bend. He told the court the defendant had started overtaking on a straight and finished as he approached the bend.

The solicitor said that Elliott accepted a “one-off error” or “misjudgement” on his part, adding that it may have been due to his “relative inexperience”. In mitigation, Mr Bogue said there was no allegation that the defendant had been speeding. He also said that Elliott had a clear record and no penalty points.

District judge, Mr Broderick, observed that the fact that the Ford Focus had to pull over to avoid a head-on collision was an aggravating factor. The judge said that Elliott believed he had enough time to overtake the second lorry, but that was “clearly not the case”.

“If she had not moved to the hard shoulder there would’ve been a head-on collision,” Mr Broderick said.

Ruling that the test for dangerous driving had been made out, Mr Broderick said that, were it not for the “quick thinking” of the other driver, there could have been a head-on collision with an injury or fatality.

The judge fined the defendant £300, imposed a £15 offender levy and banned him from driving for 12 months. He will remain disqualified until retested. Elliott was then granted his own bail of £350 to appeal the conviction and sentence. He was given permission to drive pending the appeal.