Galway Advertiser 2010/GA_2010_01_28/GA_2801_E1_048.pdf 

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48 C O U RT R E P O RT S

www.advertiser.ie

January 28 2010

Judge condemns teen's `outrageous' rape threats to gardai
BY MARTINA NEE A Ballybane teenager who threatened to rape a garda's daughter and made a "gun" sign at a garda during a court sitting was given eight months detention this week. A shocked Judge Mary Fahy described the actions of 18-year-old Thomas Laffey as "outrageous" and condemned the "trend" of threats that gardai and now even their families face. She added that a defendant's personal and alcohol issues were no excuse to make threats, whether it was meant or not, to a garda. Laffey with an address at 129 Castlepark, Ballybane, appeared at Galway District Court on Monday charged with numerous public order offences, resisting arrest, obstruction, and possession of a weapon, namely a large wine bottle. Garda Fergal O'Grady gave evidence that on May 15, 2009, at 3.45am he was on patrol in Eyre Square when he observed the defendant drinking a bottle of Buckfast. When told to place the bottle in a bin Laffey told Garda O'Grady to "f**k off". Garda O'Grady then seized the bottle and placed it into the bin and Laffey, who was highly agitated, began roaring abuse. During arrest Laffey attempted to headbutt Garda O'Grady and assistance was needed to restrain him. When Laffey was placed into a patrol car he again tried to headbutt the garda officers and tried to bite Garda O'Grady's arm. Garda O'Grady said that the abusive behaviour continued at Galway Garda Station and "while attempting to place him in to the cell he said he would kill me when he gets out and he would rape my daughter when he was free". Garda Paddy McDonnell told the court that on June 27, 2009, at 1am in Eyre Square he observed a group of males drinking near to the public toilets. When told to move from the area, the defendant was reluctant to obey the direction and muttered "f**king rookies". As Garda O'Donnell was dealing with another individual at the taxi rank Laffey "fired" a wine bottle at gardai. Garda McDonnell then gave chase on foot to the centre of Eyre Square. Laffey stopped at a bench and picked up another bottle before shouting "f**k off pig". As Laffey continued acting in an agressive manner Garda McDonnell drew his baton and told Laffey "to get back". Garda McDonnell said that Laffey then ran off into some bushes while still holding the bottle, he then "came up in a crouched position" and Garda McDonnell had to "utilise" his baton to make an arrest. Inspector Pat McHugh said that on June 13, 2009, at 2.47am the defendant was seen acting in a threatening manner and was drinking alcohol in Eyre Square. When approached Laffey told the garda officers to f**k off. The inspector said that Laffey shouted that he "was going to murder the garda and went to headbutt" him. Laffey was eventually subdued and arrested. Regarding an incident in the courtroom on July 22, 2009, Inspector McHugh said that Laffey's case had just been dealt with and as he was walking back to his seat "he stuck his fingers up" at Garda Hugh Rodgers. Inspector McHugh further explained that Laffey made a "gun" sign with his fingers as if to shoot at Garda Rodgers. "That's extremely serious, to make a gun sign in the court house at a garda," said Judge Fahy, who later added that in 17 years she had never heard evidence of anyone doing that. Defence solicitor Valerie Corcoran said that on July 22 a comment had been made to Laffey about his father who had died when Laffey was just 13. She added that there was "nothing behind" it. Explaining her client's background, Ms Corcoran said that there is a "serious lack of male parental guidance", that he was an only child, and had witnessed his father's death in a road traffic accident. She added that Laffey's mother was quite unwell and that he was her only carer. Ms Corcoran said that Laffey had never dealt with his father's death and that he was using alcohol to deal with his difficulties. She added that her client was very young, and is attempting to confront his problems by attending an anger management course. "It beggars belief that he would come into court and do that, whether he means it or not. Threats to gardai, there seems to be a new trend that is coming through now. It's outrageous that gardai would have to deal with this. They are threatened with bottles, now there are threats of harming their family," said Judge Fahy, who imposed a total of eight months detention and a fine of 400 payable forthwith. Leave to appeal was granted and this was later taken up with conditions of bail being that Laffey stay away from Eyre Square and remain sober.

Man charged with 50k cannabis haul
BY MARTINA NEE A man has been charged with operating a hydroponic cannabis growing factory and cultivating an estimated 50,000 worth of the drug. Mark Webster (37) with an address at 5 New Road, Galway, was brought in custody before Galway District Court on Monday charged with possession of cannabis, possession of the drug with intent to sell or supply, and cultivating plants of the genus cannabis. Giving evidence of arrest, charge, and caution Garda Cathal Rodgers told the court that at 8.45pm on January 23, 2010, he arrested the accused at his home and brought him to Galway Garda station where he was detained under Section 2 of the Criminal Justice (Drug Trafficking) Act. The following day, Webster was charged with the offences to which he gave no reply. Inspector Pat McHugh said that DPP directions were not ready and that the State would object to bail. Defence solicitor Olivia Traynor informed the court that no application for bail would be made. The court also heard that Webster, who is currently in rented accommodation, is a carpenter by trade but is unemployed. Judge Mary Fahy granted free legal aid and remanded Webster in custody to appear again at Galway District Court on February 1 for DPP directions.
Mark Webster

Drink driver charged with serious traffic collision
BY MARTINA NEE A drink driver charged in connection with a traffic collision at the weekend which left two people in intensive care has been remanded in custody with consent to bail. Forty-year-old Romans Rinavas with an address at 7 Na Cleagga, Ballybrit, appeared before Galway District Court charged with alleged drink driving at Lydican, Claregalway on January 24, 2010. Inspector Pat McHugh told the court that the defendant had been arrested in Oranmore following what he described as a "serious traffic collision". He added that three people had been taken to hospital and two of these were currently being treated in intensive care for very serious injuries. The Inspector said that more serious charges could be laid against Rinavas. He then made an application for the accused to be further remanded in custody with consent to bail in his own bond of 1,000, one half to be lodged, and independent surety of 5,000, one half to be lodged. Defence solicitor Adrian MacLynn said that his client, a Latvian national, would require an interpreter. Inspector McHugh also asked that conditions of bail include that Rinavas sign on daily at Galway Garda station between 9am and 9pm, that he surrender his passport and not apply for other travel documentation, and that he remain at the address furnished to gardai. Judge Mary Fahy granted the application to have the accused remanded in custody with consent to bail to February 1.

Citylink to contest unlicensed service charges
BY MARTINA NEE A case in which Galwaybased bus company Citylink is charged with running unlicensed nonstop daily services to Dublin has been adjourned for hearing to March 8. The Galway District Court heard this week that Citylink, which is owned by Singaporebased Comfortdelgro, would be contesting the two charges brought against it by the Director of Public Prosecutions. Inspector Pat McHugh said that at 2.40pm at Eyre Square gardai received a call about a man who had collapsed outside a pub in the area. When a garda officer arrived at the scene he found that Bohan, who was highly intoxicated, was holding onto to a wall and "urinating in front of children". However, the inspector added that the defendant, who has 70 previous convictions, was not abusive. "It's more than vulgar," said Judge Fahy, who added that it is "totally unacceptable that young children would have to watch a grown man urinating in a public amenity". "This was the middle of the day, if it was 4am in the morning then there might be some excuse," said Judge Fahy, who then imposed a total of two months in jail. Irish Citylink Comfortdelgro Ltd, Galway Tourist Office, Forster Street, is charged with operating a direct passenger service between Dublin city and Galway City without a passenger licence granted under the Road Transport Act 1932 on October 16, 2009, and with a return service later that same day. Following a complaint from a rival bus company the Department of Transport ordered Citylink last October to stop running a non-stop service between Galway and Dublin without the required license. However, Citylink has challenged this order and claim that under an existing license it is entitled to run a service with scheduled stops as well as a non-stop service. In court this week, counsel for the bus company made an application for the case to be adjourned to March 8 for hearing. Judge Mary Fahy granted the application.

Man jailed after various charges
BY MARTINA NEE A homeless man with 70 previous convictions was jailed for two months for being intoxicated and urinating in front of children in the middle of the day. Francis Bohan (46), with an address given as Fairgreen Hostel, was brought in custody before Judge Mary Fahy at Galway District Court this week where he pleaded guilty to being intoxicated in a public place, and threatening and abusive behaviour at Eyre Square on October 31, 2009. He was also charged with failing to appear in court on January 6, 2010. The court heard that the defendant had been arrested on the morning of the court sitting on foot of a bench warrent which was then executed.