The Courier Masthead
 18 June 2008   Latest News
       

 
Woman tells of being knocked to ground by car

THE FORMER owner of a pub in Ceres yesterday said that she had been “intimidated and scared” shortly before she was knocked to the ground by a car.

The claim was made at Cupar Sheriff Court during the trial of Jason Herkes (28), Baldinnie, near Ceres, and Morris Dickie (23), Gladney Place, Ceres.

Herkes has denied that on March 23, 2007, at the Ceres Inn, he drove dangerously, caused the wheels of his car to spin and lose traction, caused it to collide with a parked car and drove towards Norma McCabe.

The charge further alleges that Herkes drove forward as Norma McCabe was in the path of the car, and caused the vehicle to strike her whereby she was knocked to the ground.

Herkes has also denied that he assaulted Mrs McCabe by striking her with a car, failed to stop after an accident, and failed to report an accident.

Both accused have denied that they committed a breach of the peace at the same place.

In evidence Mrs McCabe said that on the day the incident occurred the pub was reopening after a period of renovations.

She said that she had told the two accused that they could come in, but she was then told by her husband that they could not come in because they had been barred by the last owners.

The witness said she heard raised voices and swearing, the two men had gone to the car park, and it had then been claimed that another vehicle had been struck by their car.

Mrs McCabe said she had stood at the car park entrance, the vehicle came towards her and had stopped, and she had told the occupants that the matter had been reported to the police.

The witness said that she intended to stand in front of the car until police arrived, but the vehicle kept coming towards her, revving and pushing at her. Shortly afterwards it had pushed harder into her and she fell down, had to be lifted up by her husband and her son, had hurt her hip and her leg, and was in shock.

Under cross-examination from defence solicitor Dewar Spence, the witness denied that she had fallen because she slipped, and also that at one point she had sat on the car.

Howard McCabe, the licensee at the pub at the time, said that Herkes and Dickie had been refused entry because he did not want them there.

He said that their “reputation had preceded them” and, although he had been polite, he was being sworn at and Herkes was offensive and had threatened him.

Asked to describe how he felt during the car incident he said that he had been concerned for his own well being and that of his wife and that the incident had been “very nasty indeed”.

The son of Mrs McCabe, Callum Stewart, said that he had been very shaken when he saw his mother fall, and then pulled away from the car.

“If it hadn’t been for that,” he told the court, “she would have been underneath the car.”

The trial was adjourned until July 29th, when the evidence will be concluded.

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