Galway Advertiser 2005/2005_12_15/GA_1512_E1_046.pdf 

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46

N E W S

IN THE COURTS

December 15 2005

Long-running dispute between neighbours finds closure this week
Judge Mary Fahy disposed of a longrunning saga involving a woman who had not been getting on with a neighbour by imposing a suspended sentence in the case this week. The judge had already adjourned charges brought against Kathleen Bell, of 63 Camilaun Park, Galway, on two previous occasions to see if the accused started to behave herself and not interfere with her neighbour. Bell first appeared before Galway District Court last April. She pleaded guilty at the time to breaching the peace by shouting abuse at the neighbour in question from her front lawn in the early hours of August 28, 2004. She also pleaded guilty to driving without insurance near her home on the same date. Judge Fahy advised Bell in April to try and get on with her neighbour and she adjourned the matter to July to see how she behaved. The matter was further adjourned until this week to see if Bell continued to behave. In court this week, Superintendent Noel Kelly said an up-to-date Garda report was favourable and it indicated the accused had not come to their notice since her last court appearance. Defence solicitor, Valerie Corcoran said there had been an indication at an earlier court hearing that her client was being rehoused in a different location but that had not happened. Ms Corcoran said her client was not driving anymore. Judge Fahy said it was time to dispose of the 2004 charges before the court. She sentenced Bell to two months in prison, suspended for two years for breaching the peace, remarking that the sentence would be "hanging over" her. The judge convicted and fined Bell 300 for driving without insurance and disqualified her from driving for 12 months. A further 100 penalty was imposed for not having a driving licence.

Case against Fine Gael city councillor adjourned to February
A case involving Galway city Fine Gael councillor Padraig Conneely, who is charged with breaching the peace in the city last July, was adjourned until February at Galway District Court this week. Mr Conneely, of 13 Dun Daingan, Newcastle, Galway, has been summoned before the court for using or engaging in threatening, abusive, and insulting words or behaviour at Prospect Hill, Galway, on July 29 last, with intent to provoke a breach of the peace, contrary to Section 6 of the Public Order Act. Judge Mary Fahy recalled she had already made an order for statements to be sent to WB Glynn and Co, solicitors, who act for Mr Conneely when the matter first came before the court on November 2 last. Superintendent Noel Kelly told the court yesterday that the next available date for hearing the case was February 27 next. Judge Fahy then adjourned the matter to February 27 for hearing.

Woman Judge urges motorists of avail given of taxis to stem road carnage extra time to omplete community service
A self-employed plasterer lost his licence at Galway District Court this week where he was convicted of a drink driving offence which occurred a short distance from his home. Terence Bradley (24), of Oranbeg, Oranmore, was arrested near his home on August 16 last when his manner of driving came to the attention of Garda Ray Quinn. A breath sample showed a reading of 76mgs of alcohol per 100mls of breath. Judge Mary Fahy remarked that was a very high reading. She refused an application by defence solicitor, Olivia Traynor, to postpone the mandatory disqualification coming into effect until midJanuary, saying there had been "absolutely no excuse" for such a Carrying out 200 hours of community service at her local parish church, imposed at Galway District Court in lieu of a prison sentence in October 2004, is proving too much like hard work for one woman. Ann Sweeney, of 34 Glenbawn, Ballybane, Galway, had been ordered to carry out the maximum amount of hours of community service when convicted before the court in October 2004 for a number of offences and had been given 12 months within which to complete the service. However the court heard this week from Court Probation Officer, Mr Pat Egan, that Sweeney had only completed 120 hours within the stated 12-month period and that 80 hours were still outstanding. He said the court could extend the order for a few months or deal with the accused in another way. Defence solicitor Valerie Corcoran asked Judge Mary Fahy to extend the time in which the remainder of the work could be carried out. She explained that Sweeney had been carrying out her community service at her local parish church but on occasions when she had gone there her local priest was not around and she could not complete the community service. Judge Mary Fahy said she did not approve of extending the period in which a person has to carry out her community service. Mr Egan said that at the rate Mrs. Sweeney was doing the hours it would take at least a further six months for her to complete her community service. Judge Fahy agreed to extend the period by four months but she warned Sweeney that if she did not try to do the community service within that time, she would serve a prison sentence.

high breath/alcohol reading. Hearing the accused was a selfemployed plasterer, the judge said he had plenty of money and should have paid for a taxi home. With the carnage so prevalent on our roads, everyone was duty bound not to drink and drive, the judge said. She convicted and fined the accused 350 and disqualified him from driving for two years.

Speed detector on dashboard costs carpenter 500 fine
Having a speed detector on the dashboard of his van incurred a 500 fine for an apprentice carpenter at Galway District Court this week. Imposing the fine, Judge Mary Fahy said that Alan Dunne (19), of Blackfort, Castlebar, Co Mayo, was well aware of the carnage caused by speeding on Irish roads and his attitude towards the law left a lot to be desired. Sergeant Tom Birmingham gave evidence that he noticed a van parked at Williamsgate Street, Galway, at midday on August 21 last with its hazard lights flashing. He noticed a speed detector on the dashboard and waited for the owner to return. When Dunne arrived on the scene he became very abusive when Sergeant Birmingham told him the device was illegal and he was seizing it. Dunne contested the charge of using a vehicle which carried an illegal speed meter detector saying that he had been told that while it was illegal to use a speed detector it was not illegal to own one. He said he had just bought the device that day while buying tools and it was not in use. Dunne said the detector could warn him if an ambulance was approaching on the roadway and he had not bought it to detect Garda speed laser detectors. He declined to give that evidence under oath. Judge Mary Fahy told Dunne she knew exactly what the device was for. Superintendent Noel Kelly informed the court that the detector could pick up the beam of light emitted by a Garda speed laser gun from 400 yards away. He said the device would warn a motorist if a Garda speed check was in operation in the distance and they would have time to slow down. Judge Fahy said it was a cynical device and a cynical thing for a motorist to have. "When you think of the carnage on our roads. Six people were killed this weekend alone. To say I'm not impressed would be the understatement of the season," she said to Dunne. Imposing the 500 fine, Judge Fahy said Dunne had not pleaded to the offence and had refused to give evidence under oath. He had also been abusive to Sergeant Birmingham and instead of saying he was sorry and admitting his guilt he had become abusive. She ordered destruction of the device.

Hefty fines and ban for ininsured, speeding, and drunk barman
Driving at speed out of a car park in Salthill landed a barman before Galway District Court this week where he was fined a total of 650 and disqualified from driving for two years. Remigijus Puskonius (24), from 5a Laurel Park, Newcastle, Galway, pleaded guilty to drunken driving and not having insurance at Upper Salthill on November 20 last. Garda Liam McGuire gave evidence that he observed the accused man's car exit the car park at speed at 11.03pm and watched as it travelled at speed around a nearby roundabout. He pursued the car and stopped it at Cappanaveagh. The accused provided a breath sample which showed a reading of 67mgs of alcohol per 100mls of breath. The accused told the court he had been working as a barman for a while but was now unemployed. He said he would need his driving licence if he was to get another job. It was explained to him that a conviction for drink driving in this country carries a mandatory disqualification and the judge had no discretion in the matter. Judge Mary Fahy then convicted and fined him 350 for drunken driving and disqualified him from driving for two years. She fined him an additional 300 for not having insurance and disqualified him for 12 months, to run concurrently with the two-year disqualification.