Galway Advertiser 2005/2005_06_02/GA_0206_E1_030.pdf 

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30 N E W S

IN THE COURTS

June 2 2005

Prison for teenage mugger who sexually assaulted student
A mugger who sexually assaulted a student after robbing her money and mobile phone was sentenced to 22 months in prison this week. Simeon Faulkner (18), with an address at Fr Griffin Road, Lower Salthill, Galway, pleaded guilty at Galway District Court to sexually assaulting the young woman as she took a shortcut home through a laneway at Newcastle, Galway, on February 13 2004. The accused and an accomplice demanded the victim's money and mobile phone. Faulkner then pushed the young woman up against a wall and sexually assaulted her. The accused, who was 16 years old at the time, also robbed two other female students of their mobile phones and cash on the same day in the same area. In a separate incident Faulkner hit an employee at an off-licence with a bottle of wine he had stolen from the premises and the victim received eight stitches to his forehead in the attack. Faulkner admitted his involvement in a spate of other offences committed around the city last year including, the theft of cars, driving without insurance, further theft of drink from another premises, and causing criminal damage to a car. Inspector Noel Kelly said some of these offences were committed while Faulkner had been let out on bail while the courts awaited numerous probation reports on his behaviour. Judge Mary Fahy said the number of reports before the court "went up to the ceiling" and they were not appropriate any more because the accused continued to reoffend. She said Galway was a student city and young people were entitled to their dignity and privacy without being accosted by the likes of Faulkner and his `friends'. She sentenced him to five months detention for the sexual assault, a further four months for stealing the student's mobile phone and money, and five months for the assault on the offlicence employee - all of the sentences to run consecutively. The judge imposed two further, consecutive, four months sentences for the robbery of the other two students and imposed varying terms of detention for the remaining charges, to run concurrently. Recognisance was fixed in the event of an appeal and the accused was placed on the Sex Offender's Register for an unspecified period of time.

Drunken worker became abusive when refused more drink
A Polish man who is working on the buildings in the city appeared before Galway District Court this week charged with public order offences committed when staff would not serve him in a local pub because he was already drunk. Piotr Haniaczyk (29), 54 Gort na Bro, Western Distributor Road, Galway, pleaded guilty to breaching the peace and being drunk in public following his arrest by Garda Ciara Moran on May 8 last at the Stage Door Inn, Woodquay. Garda Moran told the court she got a call to go to the pub at 12.08am and when she arrived there she found the accused in a highly intoxicated state looking for drink. He had tried to assault a bar worker who refused him drink but no complaint was made about that incident and so the accused was not charged with assault, the garda explained. Haniaczyk was abusive and had to be arrested, she said. Defence solicitor Adrian MacLynn said his client had too much to drink on the night and because of that drink was looking for more drink. He said the accused was "much more civilised" when sober and wanted to apologise for his behaviour. Judge Mary Fahy fined Haniaczyk 200 for breaching the peace and 100 for being drunk in public.

Mervue man's prison sentence increased to the maximum
A 25-years-old Mervue man who is currently serving a lengthy prison sentence, was given a further three months at Galway District Court this week for resisting a Garda drugs search. Gerard Barry, 65 St James Crescent, Mervue, Galway, pleaded guilty to obstructing Garda Gerry Carroll on February 17 last by running away as the Garda was about to carry out the search. Inspector Noel Kelly said Garda Carroll saw Barry in a car at Slieve Rua, Ballybane, and he went over and spoke to him. Barry got out of the car when requested to do so but then ran away before Garda Carroll could search him. Then on May 1 last Garda Carroll saw Barry driving a car erratically at Seamus Quirke Road. When the garda pursued him Barry continued to drive at speed in Shantalla before finally crashing the car. He admitted not having insurance or a driving licence at the time Defence solicitor Olivia Traynor said her client came from a dysfunctional family and had spent most of his teens and early years in and out of custody. Judge Fahy said she could only add three months to Barry's existing sentence and she did just that by imposing a three-month consecutive sentence for resisting a drugs search. She also sentenced Barry to five months for dangerous driving to run concurrently with his present sentence and disqualified him from driving for 12 months. Barry was also sentenced to a further four months for driving without insurance and disqualified from a further twelve months on that charge.

Couple's marriage ends over residency status
A man ended his three and a half year marriage to a non-national when he began to suspect she had only married him to obtain residency in this country, Galway District Court heard this week. Damien Pugh, 154 Baile an Choiste, Headford Road, Galway, denied that on February 10 last he breached a Safety Order, which the woman had obtained last September, after she made allegations to Gardai that he had threatened her. Garda Gerard Murphy said he had been called to the couple's address in the early hours of February 10 last where he met Petra Pugh who was upset and crying. She claimed her husband had come back to their house in the early hours of the morning and made threats to kill her. He also told her to go back to her own country. Pugh denied the allegations saying that his wife never told him she did not have residency in Ireland before they got married and their marriage broke down because of this. He said he only found out about her status last October when she asked him to sign documents for her residency. "She told me she would call the police if I didn't sign," Pugh said. Pugh admitted he had three to five drinks with his boss before returning to his home on February 10. He said he had moved into a separate bedroom in the house when his wife first obtained a safety order against him and had since moved out altogether to avoid any more trouble or allegations being made against him. Defence solicitor, Valerie Corcoran said her client had paid 20,000 towards a down payment for the couple's house and he was now seriously out of pocket. Her client, she explained, was now taking steps to legally end the marriage. Ms Corcoran said Petra Pugh's allegations were all a pack of lies. She said the complainant had had enough of the marriage and wanted her husband out of the house. Each time she didn't get her way, she phoned the Gardai and made false allegations against her husband, Ms Corcoran said. Judge Mary Fahy said this was obviously a bad relationship with allegations being made that the marriage was being used as a vehicle by Petra Pugh to remain in this country. She said the only issue before her court was whether or not the accused had breached the Safety Order and she believed that he had. By his own admission he had drink taken on the night in question, she said, and she fined him 300 for that breach. Recognisance was fixed in the event of an appeal.

Prison for one and chance for the other as repeat offenders come before court
Two 21-year-olds with alcohol addictions became very abusive when Gardai confronted them moments after they had stolen drink from their local petrol filling station. Before Galway District Court this week were, Ronan Haverty, 318 Corrib Park, Newcastle, and John Mongan, 24 Gaelcarrig Park, Galway, who both pleaded guilty to stealing 16 worth of alcohol from the Statoil filling station, Newcastle, on March 9 last and to breaching the peace on the same occasion by being abusive to Gardai when arrested. Defence solicitor for Haverty, Adrian MacLynn, said his client had a serious drink problem and while his client and been through the courts over the years and knew the system better than himself now wanted to seriously address his addiction at Harristown Treatment Centre. Judge Fahy said the addiction treatment course at Harristown was very rigourous but she said she would give Haverty a chance to do it if she thought he was serious about tackling his problem. Haverty told the judge he wanted to go to Harristown. He said he had managed to stay off drink for two years after completing a course at Aisling House but had gone drinking on this occasion after hearing his estranged father had been admitted to hospital. Adjourning the matter in Haverty's case to July 13 to await a report from Harristown House, Judge Fahy said she didn't hold out very high hopes for his success and he had a high risk of reoffending. Hearing that Mongan is currently serving a two-year sentence imposed in the Circuit Court last month, the judge said she could not add to that sentence as the District Court can only impose a maximum of two years, and that had already been imposed in this case by the Circuit Court. She sentenced Mongan to four months for the theft of the drink and two months, to run consecutively, for breaching the peace, both sentences to run concurrently with his present sentence.

Claregalway man failed to provide breath sample
A 51-years-old Claregalway man who failed to provide a specimen of his breath when arrested on suspicion of drink driving, appeared before Galway District Court this week. Patrick Commins, Slievefin, Claregalway, pleaded guilty to the offence which occurred on March 4 last while Garda Ciara Moran was operating a checkpoint on the Headford Road at 12.30am. Commins was arrested on suspicion of drink driving but when taken back to Galway Garda Station to provide a sample of his breath for analysis, he failed to blow into the intoxilyser machine correctly. Defence solicitor Valerie Corcoran said her client had not refused to provide a sample and had made an attempt to do so but failed. Judge Mary Fahy convicted and fined Commins 350 and disqualified him from driving for two years.