Galway Advertiser 2010/GA_2010_02_25/GA_2502_E1_082.pdf 

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82 C O U RT S

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February 25 2010

Man accused of harassment granted bail
BY MARTINA NEE A 47-year-old psychiatric patient accused of allegedly harassing a woman has been granted bail on the strict condition that he reside at UHG, continue his treatment, and not contact the injured party by any means. Robert Butler, with an address at 40 O'Connaire Road, Shantalla, was brought before Judge Mary Fahy at Galway District Court last Monday charged with harassing a woman, who cannot be named for legal reasons, on a date unknown between May 24, 2009, and January 13, 2010, contrary to Section 10(1) and (6) of the Non Fatal Offences Against the Person Act. Inspector Pat McHugh made an application for the defendant to be granted bail but on strict conditions which include that he be ordered to stay in hospital, not to return home, and not have any contact with the injured party either by phone, letter, or by third party. Accompanying Butler to court was consultant psychiatrist Dr Elizabeth Walsh who gave evidence under oath that the defendant is currently an "involuntary patient" in the pychiatric unit at UHG and detained under the Mental Health Act. When asked by Judge Fahy if she believed Butler was fit to plead Dr Walsh said that he was. Dr Walsh then said she would discuss these conditions fully with Butler. Judge Fahy remanded Butler on his own bail of 500 to appear again on March 29 for DPP directions. The conditions of the bail included that Butler reside at the psychiatrict unit at UHG, adhere to the treatment plan and medication prescribed, that he must not visit his home nor the immediate environs, that he adhere to any supervised leave arrangements, and lastly not to make any contact with the injured party, either himself or through a third party, by letter, phone or any other means. Inspector McHugh then informed the court that a doctor's report which will outline Butler's fitness to plead will be available by the next court date.

Cheeky hotel thief jailed for fifteen months
BY MARTINA NEE A man who cheekily trespassed in a city centre hotel three times in just two days and stole more than 700 has been jailed for 15 months at Galway District Court this week. Forty-year-old Stephen Keary, with an address at 20 Belsize Court, Newcastle, had been summoned to court last Monday to face offences of trespass, theft, possession of drugs, and a number of road traffic offences to which he pleaded guilty. Inspector Pat McHugh told the court that on May 29, 2009, the general manager of the House Hotel in Flood Street noticed that money had been taken from a money box in the duty manager's office. After viewing CCTV footage he realised that the culprit had been in the hotel earlier. Keary was then seen the following day entering the hotel a third time and gardai were called. Inspector McHugh said that on the first occasion Keary had taken 350 from the staff changing rooms. He came back again and stole 400 from the duty manager's office. The inspector further explained that on February 11, 2009 gardai obtained a search warrant after receiving information and went to a premises at Liam Mellows Terrace in Bohermore where a search was conducted at 9.45pm. Gardai found tin foil with burn marks and traces of heroin, as well as a number of pipes. On April 23, 2009, at Liam Mellows Terrace, Keary was stopped driving a vehicle which was found to be displaying discs for another vehicle. He was also found to be driving without insurance or driving licence, and failed to produce both documents. The inspector further explained that Keary had entered Boots on Christmas Eve last at 5pm and had attempted to steal two rolls of wrapping paper and a bag, valued at 14. He had been held by security staff when the gardai arrived. Regarding the offence of possession of false discs, Keary's solicitor Ms Fiona McAllister told the court that her client had just bought the vehicle days earlier and was not aware there was a problem with the discs. Ms McAllister then explained that her client had co-operated fully with gardai in respect of all offences. She said that her client, who is a grandfather, had weaned himself off drugs by going "cold turkey" and was trying to get his life back in order. The court then heard that Keary has 71 previous convictions which include a number of road traffic offences, burglary, and theft. Inspector McHugh noted that in November 2005 Keary had been disqualified from driving for six years for drink driving and refusing to give a breath sample and therefore he had been still disqualified when stopped on April 23, 2009. "If he is in a position to come off drugs of his own volition it's to his credit, unfortunately he has a huge range of previous," said Judge Mary Fahy who then convicted Keary and imposed a total of 15 months and disqualified him from driving for four years. The court then heard that new charges had been brought against Keary. These include possession of tools with the intention to use them in a theft or burglary on February 21, 2010, at Corrib Park, Newcastle, and driving without insurance and a driving licence. Ms McAllister made an application to have her client remanded on continuing bail in respect of these charges, however Inspector McHugh asked that he be remanded in custody. Judge Fahy refused bail and remanded Keary in custody to appear at Harristown District Court on February 26 for DPP directions.

Drink driver ploughs into roundabout before fleeing, court hears
BY MARTINA NEE A 50-year-old woman who ploughed her car into a roundabout before fleeing the scene of the accident had gone back on the drink after a relationship break-up, the Galway District Court heard this week. Carol Bruce, with an address at Liscune, Ballymacward, Ballinasloe, pleaded guilty last Monday to dangerous driving, drink driving, driving without insurance and a driving licence, and failure to produce both documents at Bothair Na Dtreabh on August 19, 2009. Inspector Pat McHugh told the court that at 12.05pm gardai received a call regarding an accident in which a vehicle had crashed "onto a roundabout" and was then abandoned. He said that three people were seen running from the vehicle immediately following the crash but that the female driver was apprehended. The defendant, who at first denied any involvement in the incident, was arrested and later gave an intoxiliser reading of 60mgs of alcohol per 100ml of breath. The court heard that four witnesses gave gardai detailed accounts of how they had seen the defendant driving in an erratic manner before ploughing straight into the roundabout, narrowly missing other vehicles on the road. Defence solicitor Valerie Corcoran told how her client was very "ashamed" of her actions on the date in question. She said that Bruce had difficulties with alcohol in the past but had been sober for a long time but had gone back drinking when a relationship she was in broke up in December 2008. Ms Corcoran said that the accident had helped Bruce to "focus her mind" and she has now been sober for a number of months. "She understood that she had to get help, that her life had spiralled out of control... she has described it as the worst year of her life," Ms Corcoran added. "Luckily there were no injuries," noted Judge Mary Fahy. For drink driving, dangerous driving, and driving without insurance Bruce was convicted and fined a total of 1,500 with six months to pay and disqaulified from driving for four years. Driving without a licence and failure to produce documents were taken into account.

Circular Road teenager to serve extra four months for criminal damage
BY MARTINA NEE A teenager who kicked in the glass door of a city centre off licence and broke an apartment window by throwing stones was given an extra four months detention. Eighteen-year-old Gary Feeney with an address at 54 Carn Ard, Circular Road, was brought before Galway District Court last Monday charged with criminal damage to the glass of the front door of Rabbitts off licence, Forster Street, on January 17, 2010. He was also charged with being intoxicated in a public place and threatening and abusive behaviour at Dun Na Coiribe, Headford Road, and with criminal damage to a window at Apartment 2, Gort Na Coiribe, Headford Road, on January 18, 2010. Inspector Pat McHugh told the court that at 4pm Feeney and one other man entered Rabbitts off licence. The men, who both had a lot of drink taken, were told to leave the premises but refused and became abusive to the manager. As Feeney was being ejected from the premises he kicked the front door, smashing the glass and causing 600 in damage. At 12.25am on January 18, the defendant was seen by security throwing stones up at the window of an apartment. The security man told Feeney to desist but he continued and broke the window with a stone. Feeney was arrested by gardai nearby. Defence solicitor Valerie Corcoran explained that her client, who is currently serving 10 months for other matters, has a "very poor recollection" of the incidents and that he is not in a position to provide compensation. Judge Mary Fahy convicted Feeney and imposed a total of four months detention, to run consecutively to the sentence already being served. Feeney was also fined 100 payable forthwith

Double assault accused sent for trial Man sent for trial for violent disorder and assault
BY MARTINA NEE A Newcastle man accused of assaulting two men in the city centre has been sent forward for trial. Garda Paul McNulty gave evidence at Monday's sitting of the Galway District Court of serving the book of evidence on Mark McNeill with an address at 55 Camillaun Park, Newcastle. The 22-year-old is accused of assaulting Michael Loughrey, causing him harm, at Williamsgate Street and of assaulting Johnathan Kent, causing him harm, at Eyre Square on May 23, 2009. Inspector Pat McHugh informed the court that the DPP has consented to the accused being sent forward for trial on these two charges. The court later heard that two further offences, namely being intoxicated in a public place and threatening and abusive behaviour at Eyre Square on the same date, may be added to the book of evidence at a later stage. Judge Mary Fahy made the order to have McNeill returned for trial to the next sitting of Galway Circuit Court commencing April 27 next. McNeill was then remanded on continuing bail on his own bond of 350. The two public order offences have been adjourned to May 17 for mention. BY MARTINA NEE A 28-year-old man accused of allegedly assaulting a man in an attack which involved a gang of up to eight men has been sent forward for trial. Gary Whelan with an address at Graigueshoneen, K i l m a c t h o m a s , Waterford, appeared at Galway District Court charged with assualting Mr Louis Tierney causing him harm and committing violent disorder, in that he, with eight other men, used or threatened to use violence that would cause a person of reasonable firmness to fear for his or other person's safety, at Prospect Hill on November 22, 2008. Garda Thomas Doyle gave evidence that the book of evidence had been served on the accused before the court sitting. Inspector Pat McHugh then informed the court

that the DPP has consented to the accused being sent forward for trial. Judge Mary Fahy made the order to have Whelan sent forward for trial at the next sitting of the Galway Circuit Court commencing April 27. He was then remanded on his own bail of 500.