ASSAULT CASE IS DISMISSED

JUDGE SAID THERE WERE ‘TWO OF THEM’ INVOLVED IN INCIDENT

A CLAMPER of assaulting a man and causing criminal damage in an attempt to put the clamp back on the wheel had his case dismissed.

Rafael Zimka (39), 39 De Selby Drive, Citywest, Dublin 24, was in Bray District Court last Thursday.

Garda John Thompson said that he was called to the Holy Redeemer car park on Herbert Road on February 9, 2017. There were three males there, Mr Zimka, and two people whose cars had been clamped – John Doyle and Peter Browne.

Mr Doyle had bought a ticket and believed he had been clamped incorrectly, however at that time there were two different areas in the car park, one operated privately and the other by the council.

He had purchased a ticket at a council machine and parked in the private area.

When Mr Zimka arrived, the other man, Peter Browne, had already made a payment for the removal. Mr Doyle had not. Mr Zimka removed Mr Doyle’s clamp in error.

He told Mr Doyle he owed €120. Mr Doyle refused to pay, believing the clamping had been a mistake. Mr Zimka tried to put the clamp back on the vehicle. There was a struggle between the two men and eventually they called the gardai.

Mr Zimka told Garda Thompson that he received a cut to the finger during the altercation. Mr Doyle said that his legs were bruised.

The court heard that Mr Zimka blocked Mr Doyle’s vehicle with his van.

Mr Doyle said that there was damage to his car to the value of €1,728. Mr Zimka did not make a formal complaint regarding his finger.

Mr Doyle (62) told the court that he wouldn’t pay the €120 as there had been a mistake made somewhere.

Peter Browne told the court that the clamper tried to force John Doyle away from the car with shoulder barges but Mr Doyle stood in front of the wheel.

Judge David Kennedy found that it was unclear from the photographs produced what damage was caused to the car. He said that there wasn’t sufficient evidence before the court regarding an allegation of assault.

‘ This does seem to be a case where Mr Zimka was a bit overzealous in the application of his duties,’ said Mr Kennedy. ‘ There were two of them in it.’