Galway Advertiser 2010/GA_2010_02_04/GA_0402_E1_044.pdf 

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44 I N T H E C O U RT S

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February 4 2010

Man pleads guilty to sexual assault of stepdaughter
BY MARTINA NEE A 39-year-old man who pleaded guilty to three counts of sexually assaulting his stepdaughter has been remanded on continuing bail to March 1 for sentencing. At Galway District Court last Monday reporting restrictions were not enforced after the injured party, now 18, bravely told Judge Mary Fahy that she "didn't care" if the defendant's name was revealed and that she had "thought about it for a long time". Kevin Guihen, with an address at Apartment 2, Bridgehouse, Bridge Street, Carrick on Shannon, Leitrim, and previously of 1 Charlton Flats, Ballina, Mayo, pleaded guilty to three counts of sexually assaulting his stepdaughter on a date unknown between April 1, 1997, and March 31, 1998 at a house in Ballybrit Heights, Galway. Garda Melanie McGowan gave evidence in court that the investigation began after the HSE received a complaint in August 2005. Garda McGowan said that a statement taken from the complainant on September 24, 2005, revealed incidents had taken place over a six month period at the girl's home when she was aged six to seven. The court heard that two incidents took place while her mother had been out working nights and a third incident occurred when the girl was home sick from school and while her mother was in the other room. When gardai put the allegations to Guihen on January 19, 2006, he admitted the three incidents. Garda McGowan explained that two incidents involved "inappropriate kissing" while the third involved Guihen putting his hands inside the victim's underwear. Garda McGowan said that a complaint was first made when the victim was 14 years old but that "she didn't want to go to the courts" at that time. However, when she turned 18, gardai were contacted again and a file was resubmitted to the DPP. Under crossexamination by defence solicitor Valerie Corcoran Garda McGowan said that the victim's mother had been unsure of the times of the incidents but that she had "walked in" during one incident when her daughter was home sick from school. Ms Corcoran then told the court that when first interviewed by gardai her client was "forthcoming" and had already been attending treatment for sexual offending. She added that he was still undergoing treatment "even up to the time this matter was re-charged". The injured party later told Judge Fahy that the assaults had left her feeling depressed and that she gets "flashbacks". The visibly shaken young woman said: "At the time the statement was taken I wasn't ready to talk yet... I couldn't bring myself to talk about it until I hit 18". Regarding Guihen's background, Ms Corcoran said that at the time of the offences he was very depressed and was drinking. She added that reports could be furnished to the court. After hearing the evidence, Judge Fahy said that there had been a "total breach of trust between a person in authority and a child". She then remanded Guihen on continuing bail to March 1 for sentencing.

Ex-chef fined for being danger to traffic and throwing pizza
BY MARTINA NEE An ex-chef, who displayed a remarkable fondness for takeaways despite losing his sense of taste and smell, was fined at Galway District Court this week for being a danger to traffic and throwing a pizza all over a taxi driver. Mark O'Neill (37) with an address given as Apartment 2, 4 Headford Road, appeared before Judge Mary Fahy on Monday charged with being intoxicated in a public place and with being intoxicated and a source of danger to himself and to traffic. Inspector Michael Coppinger told the court that on December 3, 2009, at 12.55am Garda Laurence Duggan saw the defendant walking in the middle of Mary Street towards Eglinton Street with a takeaway in the hands. The court heard that cars were unable to get by and that O'Neill walked into the back of a moving car, breaking its arial. He then walked into the direction of another car. Garda Duggan had to intervene to stop O'Neill being knocked down. The inspector further explained that on February 24, 2006, O'Neill got a taxi from Corrib Park to Prospect Hill and that he had a pizza with him. "He is very fond of takeaways," quipped Judge Fahy. "The trip didn't go well", replied Inspector Coppinger who added that O'Neill threw the pizza over the driver. Defence solicitor Valerie Corcoran then asked Judge Fahy to be as lenient as possible. She said that her client had been employed as a chef but lost his job because he "lost his sense of smell and taste" as a result of an accident. The inspector told the court that the defendant has one previous conviction for a similar offence. Judge Fahy commented that walking in front of traffic is the more serious issue from a health and safety point of view. "It's very frightening for drivers in a busy city to encounter someone who is so drunk he is in danger," she said after convicting and fining O'Neill a total of 400 with three months to pay.

Man further charged in connection with Claregalway crash
BY MARTINA NEE A man has been further charged in relation to a crash which left three people seriously injured in hospital. Forty-year-old Romans Rinavas, with an address at 7 Na Cleagga, Ballybrit, appeared before Galway District Court last Monday where he was further charged with dangerous driving causing serious bodily harm to Mary Holland, of Ballamenagh, Clarinbridge, on January 24, 2010, at Lydican, Claregalway. The court heard that Rinavas gave no reply to the charge after caution. Rinavas, a Latvian national, had previously been charged with drink driving on the same date. The court heard last week that there had been a serious traffic collision which resulted in three people being brought to hospital and two of these being treated in intensive care with very serious injuries. Rinavas was 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. Inspector Michael Coppinger this week made an application for the bail to be extended to the new charge. He later said that there may be further charges depending on the condition of the people who were involved in the crash. Judge Mary Fahy extended the bail to the new charge and remanded Rinavas in custody with consent to bail to appear at Harristown District Court tomorrow for DPP directions.

Cannabis factory accused refused bail
BY MARTINA NEE A man charged with operating a hydroponic cannabis growing factory and cultivating in excess of 50,000 worth of the drug has been refused bail. Mark Webster (37), currently of no fixed abode, was brought in custody for a second time before Judge Mary Fahy at Galway District Court on Monday. Last week Webster was formally charged with possession of cannabis, possession of the drug with intent to sell or supply, and cultivating plants of the genus cannabis at his residence at the time of 5 New Road, Galway, on January 23, 2010. In court this week defence solicitor Olivia Traynor made a formal application for bail. However, Inspector Michael Coppinger told the court that the State would be opposing bail on the grounds that the accused is a non-Irish national with no ties in Ireland and because of the seriousness of the offences. He added that Webster also now has no permanent address as his previous accommodation is no longer available to him. Ms Traynor said that her client, who is English, has been in Ireland for 15 years and does have ties. She added that there were a number of persons who were willing to raise money for sureties, that Webster is willing to sign on two times a day, surrender his passport, obey a curfew, and accommodation can be provided for him. After a short adjournment Judge Fahy refused bail. She then remanded Webster in custody to appear at Harristown District Court on February 12 for DPP directions.

Debts leads to credit union deception
BY MARTINA NEE Financially crippled and struggling to pay off debts, a Loughrea man walked into a credit union pretending to be a relative of his wife and tried to withdraw 6,500, the Galway District Court heard this week. Alan Keane (29) with an address at Lynchfort, Loughrea, pleaded guilty last Monday to dishonestly by deception inducing staff at Naomh Padraig Credit Union, Forster Street, Galway, to allow him to withdraw 6,500 while pretending to be Mairtin Forde, and thereby making gain. Inspector Michael Coppinger told the court that on January 2, 2009, the defendant entered the credit union pretending to be Mr Forde and requested to make a withdrawal of 6,500. The staff became suspicious, and when questioned, Keane said that he had been given permission to withdraw the money. Keane left the credit union and the matter was reported to gardai. When questioned by gardai Keane said that he had just "come by" the credit union book and that he knew Mr Forde. Defence solicitor Thomas McHale said that his client was cooperative with gardai. He explained that Keane had been made redundant and was in serious debt to another credit union. The court heard that Mr Forde was related to Keane's wife and that Keane was now working up to 14 hours a day as a taxi driver to pay off his debts. After hearing that Keane had two previous convictions, one for theft, Judge Mary Fahy imposed a three month jail sentence suspended for 12 months on condition that he enter into a bond of 500 to be of good behaviour and not reoffend. He was also fined 500 with four months to pay.

Six months for hotel credit card scam
BY MARTINA NEE A Kildare man who carried out credit card fraud "almost nationwide" will now have to serve an extra six months in jail on top of an already lengthy sentence for a similar scam at a Galway city hotel. Shane Pouch (28) with an address at Stephenstown Lodge, Two Mile House, Naas, Kildare, was brought in custody before Galway District Court last Monday where he pleaded guilty to dishonestly, with the intention of making gain or causing a loss to another by deception, obtaining services such as food, beverages, and accommodation, at Park House Hotel, Forster Street, Galway between June 28 and 30, 2008. He also pleaded guilty to dishonestly making off without making payment of 542.50 for services. Garda Noel Sweeney said that the defendant had a bill outstanding of 542.50 and gave the incorrect credit card details to the hotel. The court heard that the card details belonged to a German national, that the card had not been reported stolen, and that Garda Sweeney was not aware how Pouch acquired the details. Defence solicitor Valerie Corcoran explained that her client was currently serving a three and a half year sentence for similar offences. She said that Pouch comes from a very good family and is a qualified chef; however at the time he went through severe depression and had "a total breakdown". Ms Corcoran said that Pouch is currently seeing a pshychiatrist while in prison. "He is not dealing with his issues if he is not telling gardai how he got the card details," said Judge Mary Fahy. Inspector Michael Coppinger then explained that Garda Sweeney had "certain suspicions" but could not go into it in court. Ms Corcoran said that Pouch admitted his guilt immediately, and that he had only been questioned about the matter last December. Inspector Coppinger then said that Pouch has 44 previous convictions for similar offences in areas such as Kilkenny, Longford, Carlow, and Roscommon. "Basically it's almost nationwide" he added. "He has made a career out of it," noted Judge Fahy, who imposed a six months sentence to be served on lawful termination of the sentence currently being served. Leave to appeal was granted.