Galway Advertiser 2002/2002_08_29/GA_29082002_E1_024.pdf 

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Man who terrified Man stole cars after drinking bottle of Claddagh priests fined after Aftershock, court hears prior pleads for leniency
A drunken man who terrified elderly priests by banging on the door of the Dominican Priory in the Claddagh in the middle of the night, got off with a 2 5 fine at Galway District Court after the prior interceded with the court to be lenient with him. Damien Flinter, 43 Tuliyvoheen, Galway Road, Clifden, admitted to being very drunk when he started banging on the priory door and ringing its bell at around 2 am on August 14 last. Garda Ann O'Connor, told Galway District Court that when she arrived at the priory she asked Flinter to leave the area but he became very irate and demanded to be put up at the priory for the night. One of the priests came out and told her that Flinter had been banging at the door and ringing the bell for half an hour. He was the only priest under the age of 70 and all the others had been woken up and terrified by the accused, the garda said. She told Flinter to leave the area but he refused and said that if the priests wouldn't put him up for the night the Garda would have to. He was then arrested and put in a cell for the night before being released from custody the following morning. He returned to the garda station later that day and also to the priory to apologise for his behaviour. Flinter handed in a letter from Fr Reynolds, prior, which asked the court to be lenient with Flinter. The accused said he had lived in the Claddagh some years ago and knew the priors. Judge Michael Connellan told Flinter he should have gone away when told to do so by the Garda. Flinter replied thai he would have been better off on the street than in garda custody as the street might not have been as much of a health hazard as the cell in the garda station. Judge Connellan then fined him 25 for being drunk and a danger to himself and others in public and took a charge of failing to leave the area for Garda O'Connor into account. When Flinter expressed concern about having a conviction. Judge Connellan replied, "You have a conviction for being drunk in public; half the country has it and the other half probably should have it." A young man who had consumed a bottle of Aftershock stole two cars from adjoining houses in Salthill after breaking into both houses first and taking the car keys. Thomas Healy (18), from Ashford, Co Wicklow, abandoned the first car. He then went back to the neighbouring house, broke into that and took car keys before taking the car. The gardai were alerted and as they drove into Seacrest, Knocknacarra, Healy met them on the way out and hit their car, causing minor damage. He was further charged with dangerous driving and not having insurance. Defending solicitor, Adrian MacLynn said his client had a serious drink problem and had drank a bottle of Aftershock on the night these crimes were committed. His client had pleaded guilty and had co-operated with the gardai, Mr MacLynn added. Judge Michael Connellan imposed a total of ten months' imprisonment and disqualified Healy from driving for one year before fixing recognizances in the event of an appeal.

Asylum seeker freed after judge decides that charges were legally flawed

An asylum seeker who had been held in custody since July following the nationwide crackdown by Garda on suspected illegal aliens, was freed this week after Judge The Children's Act is only as good as the services that Michael Connellan upheld submissions by the man's back it up and those services are sadly lacking, a District solicitor that charges brought against him were legally Court judge observed at Galway District Court this flawed. week. Andrew Jasik, 59 Fearann Ri. Doughiska. Galway, had been charged with failing to produce a registration certificate, a valid passport or documents establishing his identity and nationality, when requested by gardai in early July, contrary to Section 6(1) of the Aliens Act 1935 as amended by Section 10 of the 1999 Immigration Act. In court two weeks ago Mr Adrian MacLynn said the charge sheet against his client was fatally flawed in that it omitted to charge his client under Section 2 of the 1999 Immigration Act. He produced submissions - and case law to uphold the submissions - to Judge Connellan in court last week. Judge Connellan complimented Mr MacLynn in court this week on the quality and clarity of his legal submissions and said he wished other solicitors would do so half as well. Inspector Noel Kelly applied to have the charge sheet amended to include Section 2 and Section 10 of the Immigration Act, 1999. but Mr MacLynn objected to this. Judge Connellan held with Mr MacLynn and struck out the charges against his client, because, he said, the 1935 Act had to be amended by the 1995 Act and Section 2 of the amended Act should have been included on the charge sheet. The judge observed, however, that Jasik could b e rearrested and charged again if the gardai so wished.

Services to back u p Children's Act are lacking, says Galway judge

Man who threatened to kill wife and mother-inlaw remanded in custody
A Belarussian who threatened to kill his wife and her elderly mother in the presence of a garda was remanded in custody when he appeared before Galway District Court this week. Vaisle Maxim, 11 Cuirt na Tra, Salthill, was charged with assaulting his wife, Svellana Maxim, on August 26. He was also charged with assaulting Mariyi Shykh on the same date and with obstructing Garda Thomas Small when he went to arrest him. Garda Small told the court that as he was taking Maxim out of the family's apartment the accused became very violent and threatened to come back and kill both women. The elderly woman was sitting on a bed with an injury to the side of her head, the garda said. Inspector Noel Kelly said the elderly lady was in hospital following the incident and he applied to have Maxim remanded in custody because of the serious threats he had made. Judge Michael Connellan remanded the accused in custody to appear before the court again on September 2.

Judge Michael Connellan said that the Children's Act is a good Act but despite what the Minister for Justice has been saying in recent weeks, the back-up services are not there to support it. Judge Connellan made his comments during the hearing of a juvenile case involving a I 7 > e a r s - o l d youth, who is charged with breaking two windows, two doors and a wardrobe at a Western Health Board property in Sal thill, and A place in a secure unit of detention has been found in Cork for a 14-years-old Galway city girl who was out of control while under the care of the Western Health Board, with assaulting a member of staff there also. Galway District Court heard this week. The juvenile, who is in custody in St Patrick's Institution for young offenders on other charges, was accompanied in The High Court had made an order some and it would be available on September 12. court by his father. Under the relatively new Act he is time ago placing the child under the care of WHB solicitor, Padraig Harris told the deemed to be a child until he is 18. "They might have the WHB, but she assaulted a staff member court the board would be going back to the beards and even moustaches coming into court, but the at one WHB run house in the city and High Court in a matter of days to seek an Minister in his wisdom deems them to be children until they damaged properly in that house and in order detaining the child at the secure unit in are 18," Judge Connellan observed. another house, also run by the WHB. Cork. Mr Pat Egan. probation officer, who handed in a report to She was charged with those offences and Judge Michael Connellan said the child the court, said the youth had never been formally assessed was further charged with assaulting a and he suggested such an assessment should be carried out student garda at Whitestrand Road and with had been completely out of control and needed to be detained in a secure unit. He while the youth was in St Patrick's Institution. attempting to gel on top of a parked car on remanded her in custody to Oberstown Judge Connellan then remanded the youth in custody to the same occasion. House to September 4 next, stating he was appear before the court again on September 4 and asked Mr In court this week, her solicitor. Adrian powerless and it was up to the High Court to Egan to find out how kmg an assessment would take in the MacLynn said the WHB had found a place have her detained at the Cork centre. meantime. for the child in a high secure unit in Cork

Place found for out of control teenage girl