Mystery over car fire in Portadown as owner's partner appears in court charged with drink driving, Craigavon court hears

Mario Horvath, aged 34, from Avondale Manor, Craigavon, appeared before Craigavon Magistrates Court charged with motoring offences including driving with excess alcohol, taking a vehicle without authority and no insurance.

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Horvath’s solicitor, Mr John McCamley, said his client pleaded guilty to all three charges. He raised concerns about the domestic violence aggravator attached to the offences saying “I think this is a reason whereby in two years time the aggravator will mean nothing because it’s being attached to everything now by the police.

"Certainly in this case it is nothing but a short verbal argument between two people,” he said.

On March 12 this year at 12.35am, police were told by the NI Fire and Rescue Service that it was dealing with a car on fire at Union Street, Portadown.

Police said firefighters couldn’t confirm how the fire was started but it began in the engine bay and worked its way into the inside of the vehicle. Police checks showed it wasn’t insured. When they went to the address of the last registered owner, they spotted the defendant in the garden.

When police spoke to the owner she told them the car belonged to her daughter. The daughter made a written statement to police saying the defendant was her partner.

"Earlier in the evening he had been drinking a bottle of vodka. After a verbal argument he went upstairs and then left the property. A short time later she came downstairs to lock the front door and noticed her car key missing. She then texted her partner about returning the car to her but there was no response,” a prosecutor told the court.

Horvath confirmed he had been driving the vehicle after drinking alcohol. An evidential breath test showed reading of 43 micrograms of alcohol to 100ml of breath. The legal alcohol limit for driving is 35 micrograms of alcohol per 100 millilitres of breath.

Mr McCamley said his client made full admissions at the time. “He had an argument with his partner – a verbal argument that happens in every household every day of the week. There is no perfect household.

"He admits to taking the vehicle without permission. He admits to having drink on board,” said the solicitor, adding his client erroneously thought own vehicle insurance covered him.

Mr McCamley submitted that the domestic aggravator doesn’t attach to this case. “It was nothing but a verbal argument. Mr Horvath takes himself out of the house. Yes he takes the keys but to attach a domestic aggravator to that would be to demean the whole purpose of the domestic aggravator offence.

"Domestic abuse is abhorrent,” said Mr McCamley, adding: “For it to be attached to every single offence in relation to family members or partners, particularly this which doesn’t allege any form of assault or abuse, undermines the meaning of the legislation.”

District Judge Michael Ranaghan dismissed the domestic aggravator. For driving with excess alcohol the defendant was banned from driving for 16 months and fined £100. For taking and driving away he was given a 12-month ban and a £150 fine plus a six-month ban for no insurance and £100 fine.