Galway Advertiser 2003/2003_11_06/GA_0611_E1_028.pdf 

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IN THE COURTS

November 6 2003

Student nurse bit garda following family dispute
A student nurse who was in a temper following a family dispute, bit a garda on the arm as he arrested her on suspicion of drunken driving, Galway District Court heard this week. Moira McDonagh( 22), Ardmore, Kilkerrin, Connemara, also refused to give her name and address when questioned and later refused to give a sample of her breath at the garda station. Garda Mick Lally said he was on patrol in Spiddal at 2.30 am on September 4 last when he noticed a car without number plates on the road. It turned at speed into a narrow laneway and nearly hit a stone pillar. He stopped the accused and got a strong smell of alcohol from her breath. He arrested her and as he was putting her into the patrol car, McDonagh lashed out at him and bit his left arm. She later admitted not having insurance to drive the car. Defence solicitor, Adrian MacLynn said his client had been involved in a family dispute which he did not wish to elaborate on in court. She had come back from England shortly before her arrest, where she is a student nurse, and things had `come to a head' with a lot of ill will within the family, he said. Mr MacLynn said his client has been attending AA for the last three years but had drink taken on the night due to the family difficulties. He said McDonagh was very sorry for her behaviour and Garda Lally, who was aware of her personal difficulties, had understood and accepted her apology. Judge Geoff Browne said he had a prison sentence in mind for the assault on the Garda. Garda Lally said the bite had not broken the skin and he added that there were special circumstances behind this particular case. Judge Browne accepted the garda's evidence and in view of her plea, he convicted and fined McDonagh 250 for the assault, and 250 for refusing to give a sample of her breath, and disqualified her for two years. He also fined her 250 for not having insurance and disqualified her for two years, and a further 200 for refusing to give her name and address and careless driving.

Man charged with sex offences remanded on bail
A 49-years-old Galway city man who is charged with the indecent assault of a boy during the 1970's, was remanded on continuing bail at Galway District Court yesterday. The man, who may not be identified for legal reasons, is charged with three sample counts of indecent assault, which are alleged to have taken place in a house in the city, on various dates between July 27, 1974 and September 6, 1977. Defence solicitor, John Bell, applied to have the matter adjourned to January. Judge Geoff Browne remanded the accused on bail to appear before the court again on January 28 and extended time for service of a book of evidence.

Ballybane man caused disturbance in restaurant
A Ballybane man who created a disturbance in Supermac's in Eyre Square and would not listen to reason when a garda arrived on the scene, was fined a total of 200 at Galway District Court this week. John Tierney, 114 Castle Park, Ballybane, was arrested shortly after 1 am on October 11 last for a breach of the peace and being drunk in public. Garda John Whyte gave evidence he received a complaint from staff and when he arrived he found a security man in difficulty as he tried to restrain the accused. Tierney would not listen to reason and was arrested, the Garda added. Judge Geoff Browne fined Tierney 100 for breaching the peace and a similar amount for being drunk on the occasion.

Further bail remand for taxi driver on sexual assault charge
A Galway taxi driver who denies a charge of sexually assaulting a female passenger in his taxi, was remanded on continuing bail at Galway District Court yesterday. The man, who may not be named for legal reasons, is charged with sexually assaulting the young girl on November 8, last year, contrary to Section 2 of the Criminal Law (Rape) Amendment Act 1990, as amended by Section 37 of the Sex Offenders Act, 2001. Defence solicitor, Jarlath McInerney, said his client was denying the charge and the case, which would hear evidence from three witnesses, would take at least an hour.

Prison for Cork Judge imparts man convicted fatherly advice of crime spree to taxi row man
A 27-years-old Cork man was sentenced to a total of 15 months in prison at Galway District Court this week for a spate of offences committed in Galway city and in Co Mayo last April, including a serious assault which left a bouncer in hospital for three days. Michael Foley, 32 Spring Lane, Blackpool, Cork, pleaded guilty to a number of break-ins in pubs in Co Mayo on April 16, and also to assaults on bouncers at Angels lap dancing club, Salthill, on April 20 last. Four bouncers were assaulted by the accused, one of them seriously. Inspector Marie Skehill said Foley assaulted the bouncers after an altercation on the premises. One of the bouncers received a serious injury to his left eye and he was in hospital for three days. Gardai were called to the area when a prowler was later reported at the rear of a house at Lenaboy. Gardai found Foley kneeling on the ground under a tree. He was chased and a basket of items, taken from a nearby jeep, were found in his possession. He was also wearing a shirt which was too small for him. The shirt had been pulled off another person during the altercation with the doormen at the lap dancing club and Foley had put it on afterwards. Inspector Skehill said the accused broke into three licensed premises in Co Mayo four days earlier and stole cigarettes and cash on each occasion. She said Foley had numerous convictions going back to 1991. Defence solicitor, Adrian MacLynn, said Foley is currently serving eight months for other offences and has a serious drug and drink problem. Judge Geoff Browne sentenced Foley to nine months in prison for the serious assault and a further six months for one of the Mayo break-ins. He then imposed varying sentences on the remaining charges, all to run concurrently with the sentences already imposed. A 27-years-old carpenter who shared a taxi home with two unscrupulous girls who refused to pay their share of the fare, was advised by a judge to pick his company with more care in future, when he appeared before Galway District Court this week. Judge Geoff Browne gave this piece of fatherly advice to Daniel Sheridan, a native of Green Street, Boyle. Co Roscommon, who was before the court for refusing to pay a taxi fare and for being drunk in a public place. Garda Aileen Marrinan gave evidence that a taxi driver came to the public desk at Galway Garda Station in the early hours of October 11 last complaining that three people in his taxi outside had refused to pay a fare. When Garda Marrinan went outside with the driver they discovered two girls had absconded, but Sheridan was still sitting in the back seat. Sheridan was taken into the garda station where he refused to pay the fare. Defence solicitor, Valerie Corcoran, said Sheridan had met two girls, whom he didn't know, at the taxi rank in Eyre Square earlier and they agreed to share a taxi as they were all going in the same direction. On the way to the first girl's house a dispute arose with the driver over the cost of the fare and she refused to pay. Sheridan intervened and offered to pay her fare but she told him to keep out of it. The taxi driver said he was going to the garda station and again Sheridan offered to pay the fares, but was refused again. At the garda station the girls absconded when the driver went in to complain. Sheridan decided he wouldn't pay the fare because he felt his side of the story was not being listened to, Ms Corcoran said. Applying the Probation Act, on condition that Sheridan pay 100 into the court poor box and hand over the 12 taxi fare in court, Judge Browne remarked, "You had better be more careful with whom you go home in future."

`Spaced out' man arrested for own safety
A man who was sitting near the Spanish Arch contemplating life following a row with his girlfriend and brother, was arrested for his own safety because he was `spaced out' following a cocktail of drink and drugs. Conor Hughes, 212 Great Western Hostel, Eyre Square, Galway, was found by Garda Aileen Marrinan at 4.15 am on October 2 last at the Spanish Arch in a very intoxicated state. Garda Marrinan said she had to arrest him for his own safety due to his level of intoxication and his proximity to the river. When arrested he had 20 worth of cannabis on him. Hughes admitted he smoked cannabis and consumed six pints shortly before his arrest. He said he was "spaced out" at the time but was not drunk. He said he had a row with his girlfriend and brother earlier that night and was sitting on a stone seat contemplating things when arrested. Judge Geoff Browne fined Hughes 100 for being in possession of the cannabis and struck out the charge of being drunk in public.

Drunken man fined 600 for causing annoyance by knocking on people's doors
A 28 years old Inverin man who kept knocking on people's doors in a Galway city housing estate was fined a total of 600, at Galway District Court this week. Gardai received numerous complaints from residents in Hazel Park, Newcastle, Galway, and when Garda John Whyte went to investigate he found John Hoban, Minna, Inverin, sitting in the middle of the road, shouting abuse at people. Hoban, the court heard, had previous convictions for being drunk in public and drunken driving. Judge Geoff Browne convicted and fined Hoban 500 for breaching the peace and 100 for being drunk in public.