Galway Advertiser 2003/2003_07_17/GA_17072003_E1_028.pdf 

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Christian Brother (63) Georgian with 'sticky fingers' gets suspended sentence bailed on indecent after attempted shoplifting assault charges
A 63-years-old Christian Brother charged with the indecent assault of two young boys at St Joseph's Industrial School, in Galway city, was remanded on continuing bail at Galway District Court this week. It was claimed in court that the accused, who now lives in the north-east of the country was too ill to travel to Galway for the court appearance. The man, who may not be named for legal reasons, is charged with nine counts of indecently assaulting two boys on various dates between January I, 1972 and December 31, 1979, at St Joseph's School, Salthili, Galway. A court hearing last December heard that the accused had undergone an unsuccessful triple by-pass operation and was now in congestive heart failure. His health has not improved and he is unfit to travel, the court heard this week. A book of evidence has been served on the accused, but his legal team have written to the DPP's office stating he is unfit to go through the ordeal of a trial. Medical reports were submitted with the letter. Judge Michael Connellan said the accused should be in court or a medical certificate should have been furnished. He adjourned the matter to October 13, to await the DPP's decision and indicated the accused would have to be present in court on that date. A Georgian asylum seeker with "sticky fingers" was given a suspended prison sentence when he appeared before Galway District Court this week, following his second failed attempt at shop lifting. Chito Elbakidze, 12 St James Road, Mervue, Galway, became very aggressive when Garda Angelina McCormack, who had been called to Roches Stores on June 7 last, tried to handcuff him. She and a colleague had to call for back-up when Elbakidze became violent when asked to put his hands behind his back so that he could be handcuffed. He had been spotted earlier by security trying to steal a bottle of Hugo Boss aftershave worth 4 2 . Garda McCormack said she was pushed against a wall by the accused. Defence solicitor, Adrian MacLynn said his client had not understood what the Garda was saying. She refuted this and said the accused knew exactly what was expected of him because she showed him the handcuffs. "That is a sort of international thing - when you show someone handcuffs they know what they're for," Judge Connellan said. Inspector Declan Gannon said the accused had one other conviction for shop lifting and he had been fined 5 0 for that in January. Mr MacLynn said his client was an asylum seeker who suffered from nerves. "He has sticky fingers. He's suffering from more than nerves," Judge Connellan observed. Mr MacLynn said his client suffered from a type of neurosis and would have become very agitated and have great difficulty having handcuffs put on. Judge Connellan said he treated everyone the same way in his court but he said a female garda had been obstructed and people went to jail for that. "I'm sure the same thing happens in his country. You c a n ' t be stealing and obstructing the police there either," the judge said. He imposed a three-month sentence, suspended for one year on condition that the accused keep the peace for that period. He warned him that if he came back before the court again he would be going straight to prison.

Trailer leaving jeep results in dangerous Bohermore woman sent for driving charge for trial on cannabis charges Ardrahan man
A trailer became dislodged from the hitch of a jeep and careered across the road into a parked car where it cut through the driver's door and ended up in the back of the car, buried between the driver's seat and the back passenger's seat. As a result of the accident. Emmet Stankard, Furzy Park, Ardrahan, was charged with dangerous driving and failing to stop at the scene. Garda Gabriel Folan gave evidence at Galway District Court that on November 29 last at around 10am Stankard was driving his jeep from the Kilcolgan direction towards Clarenbridge, pulling a two axle trailer behind him. The empty trailer became detached at a left hand bend on the approach to Clarenbridge. It crossed to the right hand side of the road into the path of an oncoming car before colliding with a car parked at the entrance to the Brothers of Charity. railer, Garda Folan said, lanced the door and entered the car. ending .een the driver's seal and the back scene, but a client gave a full account of what happened to Garda Folan. He had not realised the trailer had become dislodged from the back of the jeep until he had travelled two or three miles down the road. He then pulled in. Garda Folan said the hitch was still attached to the jeep but the rest of the trailer had become dislodged somehow. He said the trailer was in good condition but the bolts sheared off or became loose. The head of the tow bar was still attached to the jeep. The witness travelling behind the jeep had noticed the trailer was very unstable and was bouncing around on the road. aged it coming loose." Garda "He Folar tankard no questii hem Deirdre O Laoghaire, 40 St Finbarr's Terrace, Bohermore, Galway, is charged with having 10,000 worth of the drug in her possession and with having it for the purpose of selling or supplying it to another on April 9 2002. Judge Michael Connellan sent the accused forward for trial on July 22 next, and remanded her on bail on her own surety of 200 to that date. Defence solicitor, Olivia Traynor applied for one junior and one senior counsel under the Free Legal Aid Scheme, to represent her client at her trial, due to the amount involved. Judge Michael Connellan refused legal aid for senior counsel but granted the application for junior counsel to represent the accused.

A Bohermore woman who is charged with having cannabis resin in her possession for sale or supply to others, has been sent forward for trial to next week's sitting of Galway Circuit Criminal Court.

Caravan park owner fined 12 for failing to comply with sanitary services notice
The owner of a caravan park in Salthili was fined 12 following a successful prosecution by Galway City Council at Galway District Court this week. John O'Malley, La Rochelle, Cathy Harris, engineer with city Knocknacarra Road, Galway, failed to council's sanitary services department, said comply with a Sanitary Services notice she visited the caravan site last Friday and served on him by City Council in May, saw a mobile home with a car parked which required him to remove a caravan outside at the entrance. There was nobody from an unserviced caravan site at Gentian around, she said, and she understood other Hill. mobile homes had been moved from the Michael Molloy, solicitor for Galway site at an earlier date. The court was told the matter of restoring City Council, said O'Malley had a caravan on the site which did not have sanitary sanitary services to the site was "ongoing" facilities, and as such was a nuisance and between the local authority and O'Malley. posed a health risk. He made an Solicitor Mr Molloy said the Council application to the court restraining the would be happy so long as the mobile home retention of what he termed a "temporary still on the site remained unoccupied. He dwelling" on the site. said the maximum penalty under the 1948 The court heard that the site in question Sanitary Services Act was the Euro had been a caravan park since 1953 and it equivalent of 12.70. was alleged that a couple of years ago the "There was value for money then," Judge local authority carried out work which left Connellan said before fining O'Malley the accused without a water supply. 12. He also granted an order to the city O'Malley contended there was no council prohibiting occupied temporary temporary dwelling occupied there now, but dwellings on the site until such time as he did allow a friend park his car there. sanitary services are restored.

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