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Thursday, May 24 2012

Drunk magistrate escapes prison

Cllr Vince McMahanA drunk magistrate who smashed into two cars while almost five times the limit has narrowly been spared jail.

Canterbury city councillor Vince McMahan was handed a three-month suspended sentence and banned from the road for two-and-half-years at a hearing on Monday.

The case was heard 65 miles away at City of Westminster magistrates court in London, after twice being transferred at late notice from courts in Folkestone and Medway.

Dad-of-three McMahan – who has revealed he won’t be standing for re-election – admitted drink driving after a session in the town.

The court heard he crashed into an oncoming Ford Focus in Western Avenue, Herne Bay, before skidding into a parked car belonging to city council officer Lyn McDaid.

The driver of the Ford – a 46-year-old woman from Herne Bay – was unhurt in the smash at 5.15pm on March 8.

McMahan, 50, of Plough Court , Broomfield , was arrested and failed a breathalyser test, giving a reading of 167 microgrammes of alcohol in 100ml of breath – the legal limit is just 35.

His prison sentence was suspended for 12 months, meaning no action will be taken if he commits no further crimes in the next year. He must also pay £85 costs.

After he was charged, McMahan told the Gazette he had been taking anti-depressants and drinking more due to personal issues.

He added: “I’m absolutely mortified. I’ve never had so much as a point on my licence since 1978. It’s humiliating and embarrassing.”

Before his court appearance, McMahan resigned his role as a magistrate and announced he had asked to be taken off the Tory candidate list for May’s local elections.  

Speaking after sentencing he said: “I’m relieved it’s over, but I badly regret it ever happened.

“I can only apologise. I can’t believe I got it so wrong, but I did and I can’t take that back.

“I’ve just got to try and move on now and put it behind me. I’m going to take a bit of time out and catch up with family life, which I’ve neglected a bit.”

Herne Bay Gazette reporters drove more than 100 miles trying to follow McMahan’s case through the court system.

It was first listed to be heard at Folkestone magistrates’ court last Wednesday, but was mysteriously transferred to Medway magistrates to be heard on Monday.

Again the Gazette went along, but despite his name being on the court list, McMahan's case had been transferred to City of Westminster magistrates on an unknown date.

A quick call to the court revealed the case was heard and dealt with that day, with no press in attendance.

McMahan – who used to sit as a magistrate in Sittingbourne and Maidstone – said: “I can only presume they wanted it away from the Kent bench. I was never given a reason.”

What do you think? Leave a comment below.

Thursday, March 31 2011

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Comments (14)

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  • Action against drink drivers wrote:

    It is disgraceful, lucky a child was not killed or somebody injured. This man is a total prat, who tries to use his connections, I know because I have had issues with him before as a neighbour. He should be in jail, this is totally beyond words. What does it take, a death to get justice with someone with connections.

    01 Apr 2011 7:30 PM

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  • Victoria wrote:

    Objective, even if someone was injured it wouldn't have made that much difference.

    In yesterday's news was the man in Hempstead who had his unrestrained children in his car, ran over another child, crashing his car, five times over limit and he ONLY got 14 months jail. These drunk irresponsbile drivers need to start paying the price for their actions.

    31 Mar 2011 10:26 PM

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  • Objective wrote:

    Interesting!

    Ok, first offense; normal.

    Shows remorse; acceptable (but, for the cynics, they'll never believe he's remorseful anyway)

    Heard in Westminster? Not a big deal; merely means that he is out of his personal perimeters and has a more objective hearing (which he is entitled to).

    Depressed: can (and does!) hit anyone, at any stage in life.

    Magistrate: he was in a priviledged position, was fully aware of the consequences; he should have been "beyond reproach" - however, alcohol does distort reason, add in the depression ... it happens.

    He is on a suspended sentence, so he has not been let off lightly: by that I mean if he is a serial drink driver, if he is caught again within 3 months, he will be go to prison.

    By the same token: prisons are overpopulated. As this is his first offense, do you really want your tax money spent on his prison upkeep? Are you even aware how much it costs in tax payers money to house an inmate for a day/week/month/year?

    Not only is he being punished with a "Joe Public" sentence: he is also being punished by losing his respected position; his humilation, his reputation is in tatters ... yes, the bigger you are the harder you fall; this is a case in point! If he were Mr-Nobody, the humilation, reputation aspect would not hit so hard, that *is* his additional burden by virtue of his position. Do not deceive yourselves; the ramifications of this, for him, go beyond a suspended sentence.

    Thank goodness no one was injured - that really would have moved the goal post!

    31 Mar 2011 8:32 PM

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  • Higher rate of tax payer wrote:

    wills,
    If he's a brother freemason, they won't be as accepting as you think, the masons are not the dark society that you clearly think they are, he will most certainly be asked to resign, if he is in fact a mason at all.

    31 Mar 2011 7:00 PM

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  • Kippersmcgee wrote:

    I know how this poor bas@tar@ feels. I was once seven times over the limit and crashed my car into a cottage. When I got the repair bill I was bl&&dy depressed as well.

    31 Mar 2011 6:22 PM

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  • Gabriella Coscia wrote:

    I am not surprised that the case was heard in London due to a conflict of interest had it been heard in Kent.

    I think he is very lucky not to have gone to prison. Despite having depression, anyone would realise well informed people that drink is a depressant and if you have depression drink and anti depressants don't really go together.

    He should have gone to prison as a magistrate I have no doubt that had he presided over many cases in the past, he sent someone to prison for stealing a bottle of milk or even for committing the same offence as him. Sounds like he was treated with kid gloves. When you dish out the law on others you know the rules and should know better. When you break it, you should be made an example of. He got off lightly. Drink driving kills. Idiot

    31 Mar 2011 6:03 PM

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  • Bill wrote:

    Wills sounds as thick as the man who was 5 times over the limit
    "I live not far from him" SO WHAT Wills you are NOT the law he has been judged by a court you best leave things at that or we will be passing judgement on you soon.

    31 Mar 2011 5:51 PM

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  • wills wrote:

    whats a load of rubbish ...they jail someone for speeding and let this w****r off for this !
    a freemason handshake me thinks !...
    i live not far from him i suggest we let him know how wrong he is !

    31 Mar 2011 5:36 PM

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  • Mater Bates wrote:

    I like his jumper. I wonder if his Mum could knit me one?

    31 Mar 2011 4:46 PM

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  • Henry Root wrote:

    I like a few drinks myself, but would never drive. Was this bloke going for the record of driving whilst p1genessed?

    31 Mar 2011 4:43 PM

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  • victoria wrote:

    You must know if you are five times over the limit as it is a lot of alcohol to consume. Too light a punishment. If you are caught over the limit, especially that far over, you should lose your license for life.

    31 Mar 2011 4:04 PM

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  • robbo wrote:

    should all judgements passed by this man now be lifted on the grounds he was not a fit and proper person to pass judgement on others

    31 Mar 2011 3:18 PM

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  • jimbo wrote:

    A woman who drove offroad and wrote off 4 cars ( alleged back pain ) , received a £65 fine . ( This happened opposite my house ) . Its all good justice . " Heh "

    31 Mar 2011 3:00 PM

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  • Bible Bill wrote:

    "Judge no man because one day you too may be judged"

    "Alcohol ruins many lives Don't let it ruin yours"

    "The higher they climb the further they fall."

    Err I am sure you get my drift
    I don,t wish to rub it in.

    31 Mar 2011 2:19 PM

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