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Galway Advertiser 2003/2003_11_27/GA_2711_E1_028.pdf
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N E W S
IN THE COURTS
November 27 2003
Man jailed for assault in which victim lost teeth
A 21-years-old man was sentenced to a total of 23 months in prison for his part in a vicious assault in which a man lost his front teeth, and also for damaging a Garda patrol car and driving dangerously in a separate incident. Christopher McDonagh, 182 Castle Park, Ballybane, denied assaulting Danny Donovan, causing him harm at Forster Street, Galway, on November 11 last. Galway District Court heard that McDonagh along with Michael O'Loughlin, who pleaded guilty at an earlier court hearing to the assault, attacked Mr Donovan as he left Boo Radley's night club in the early hours of the morning. The victim gave evidence that O'Loughlin head butted him in the face and then McDonagh punched him a few times in the side of the head before kicking him in the groin. Mr Donovan fell to the ground and he was kicked and punched in the face and lost three of his front teeth in the attack. He managed to escape his attackers and run back into the night club where staff called an ambulance and the gardai. Garda Pat Heneghan gave evidence he found Mr Donovan in a terrible state. Both of his eyes were swollen and blackened. His face was swollen and his front teeth were missing. He was covered in blood and said he had been assaulted. He mentioned the names of a few individuals, including the accused, the Garda said in evidence. McDonagh was interviewed and he made a statement admitting he had been at the scene but denying any involvement in the incident. Garda Heneghan said he had no doubt that McDonagh was one of the main assailants. Boo Radley doorman, Joe Compton, said he saw Mr Donovan run in covered in blood. He named a number of people whom he said had assaulted him but these did not include McDonagh. Detective Cyril McDonagh said he interviewed the accused who denied assaulting Mr Donovan. The accused also denied an allegation that he rang Mr Donovan a few days later and threatened to stab him if he made a complaint to the Garda. McDonagh gave evidence denying any involvement in the assault. "It's a brave man who kicks someone on the ground," Judge Geoff Browne said with sarcasm before sentencing McDonagh to 12 months in prison for assault. He ordered that the sentence run consecutively with an 11 month sentence he imposed on McDonagh earlier in the day for two counts of dangerous driving in the Castle Park Road area on May 20 last and for not having insurance on the same occasion. Recognisance was fixed in the event of an appeal.
Irate woman kicked patrol van light
A 26-years-old woman who kicked and smashed the rear light of a Garda patrol van and then asked a garda if she had a problem with that, was given the benefit of the Probation Act, when she appeared before Galway District Court. Michelle Doyle, 27 Monivea Park, Ballybane, Galway, was arrested after coming out of a night-club by Garda Orla Walsh at 3.15am on October 24 last at Abbeygate Street. Garda Walsh said Doyle kicked and smashed the rear light for no reason and when asked why she did it, Doyle asked the garda , "Do you have a problem?" Garda Walsh said she arrested the accused because Doyle was intoxicated and abusive at the time. Doyle, the garda added, had since paid 95 compensation for the repair of the light and had apologised for her behaviour. Defence solicitor, Olivia Traynor, said her client was highly irate after discussing family issues with two of her siblings earlier that night and she took out her frustrations on the Garda van's light. She said Doyle was looking for work since leaving college and she asked for leniency. Judge Geoff Browne said he would give Doyle one chance and he applied the Probation Act.
Woman who broke parochial house window remanded
A 49-years-old woman who is charged with breaking a window at the Parochial House in Mervue, Galway, and breaching the peace, has been remanded on bail for a year on condition she remain under the care of the Probation Service during that time. Bridie Jones, Carton, Kilcolgan, had pleaded guilty to breaking the window and causing 350 worth of damage on December 19, 2001, and to a breach of the peace on the same occasion when she appeared before the court last year. She was remanded on continuing bail, and told to keep taking medication prescribed for a psychiatric condition, when she again appeared before Galway District Court last February. A probation report handed into the court this week suggested a further adjournment of the case to see how the accused progressed. Judge Geoff Browne adopted the report's recommendation and remanded Jones on continuing bail to November 22, 2004, on condition she obey all directions of the Probation Service in the meantime.
Jail term for man on insurance charge
A man with seven previous convictions for driving without insurance was sentenced to six months in prison this week following his eighth conviction for the same offence. Frank Barrett, 17 Hillside Park, Ballybane, Galway, was not in court when evidence was given by Garda Brendan Moore that he stopped the accused at Victoria Place on August 23 last. Garda Moore told Galway District Court Barrett had seven previous convictions for driving without insurance and had been sentenced to 10 months and six months terms of imprisonment for the offences in recent months. Judge Geoff Browne convicted and fined Barrett 1,000 and sentenced him to six months in prison for this latest offence. He also fined him 250 for not having a driving licence and fixed recognisance in the event of an appeal.
Judge advises Headford youths to get legal advice
A number of Headford youths charged with public order offences at Hallowe'en were advised by Judge Geoff Browne at Galway District Court this week to get legal advice owing to the seriousness of the charges before he adjourned the matter to the next sitting of their local court. Keefe Burke, 42 Castle View Headford, Aoibheann Alliot, Ballybeg, Corrandulla, and Trevor Murphy, Horsevalley, Headford, were each charged with being drunk in public, breaching the peace and failing to comply with the directions of a Garda following a disturbance in Headford village on November 1 last. Garda Brendan Moore gave evidence that he and a colleague were called to a disturbance at Main Street, Headford, and when they arrived they found a large group of drunken youths. Some dispersed and went home when directed to do so but some refused to leave and turned hostile, bombarding both gardai with missiles. Garda Moore said he and his colleague were clearly outnumbered. They left the scene and returned later with reinforcements. Garda Moore said he told Keefe Burke to leave the area on five occasions but Burke refused and became quite aggressive and abusive. He was very drunk and had to be handcuffed during his arrest. Garda Moore said Ms Alliot was the first of the group to be arrested at 12.50am at Main Street, Headford, while Garda Dan Costello arrested Trevor Murphy at 2 am in the same area. Judge Geoff Browne advised all of the accused to seek legal representation before adjourning the three cases to Headford District Court on December 11.
Prison term for young woman who drove without insurance
An 18-years-old woman was sentenced to three months in prison this week after being convicted for the third time for driving without insurance. Christina McDonagh, 19 Sliabh Rua, Ballybane, Galway, was stopped by Garda Brendan Moore at Pearse Avenue, Mervue, on August 10 last when the offence was detected. Garda Moore told Galway District Court this week that McDonagh had two previous convictions for similar offences. Judge Geoff Browne convicted and fined the accused 1,000 for not having insurance and he sentenced her to three months in prison as well. He also disqualified her from driving for five years and fined her an additional 450 for not having a driving licence and failing to produce a driving licence. Recognisance was fixed in the event of an appeal.
Juvenile offender remanded for psychological assessment
A 14-years-old boy with learning and behavioural problems who has been involved in crime since the age of seven and has not been in full-time education for over two years, has been remanded in custody to a children's detention centre for another two weeks. The boy has been arrested by 23 gardai and has committed nearly seventy offences over the last seven years, involving the theft of cars, burglary, criminal damage, dangerous driving, assault, robbery, driving without insurance, larceny, possession of stolen property and failing to comply with gardai. He has made numerous court appearances in the company of his mother and this week fresh attempts were made to secure a long-term bed for him in Oberstown Detention Centre, where he has been held on remand since September 30. Calls were made last August to the Department of Education by president of the District Court, Judge Peter Smithwick, for plans to be put in place to deal with the boy's educational needs, but to no avail. At the time Western Health Board Childcare Manager, Alex McClean, said the boy was falling between the stools of the departments of Education, Health, and Justice and none of those bodies was willing to deal decisively with him. On the suggestion at the time of defence solicitor, Valerie Corcoran, Judge Smithwick further remanded the youth on continuing bail to appear before the court in September, but the boy reoffended while out on bail and was taken back into custody. He later absconded while being psychologically assessed in a Galway clinic and was again arrested and put into custody at the detention centre in Oberstown, where he has remained since September 30. Just last week Judge Michael Connellan ordered a psychological report to be prepared on the boy, but this was not available when he appeared before the court this week where Judge Geoff Browne further remanded him in custody for two weeks and directed that the psychological report be available when he appears before the court again on December 8.