Galway Advertiser 2004/2004_01_01/GA_0101_E1_022.pdf 

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22

N E W S

IN THE COURTS

January 1 2003

Man receives Probation Act following altercation with his estranged stepson
A man who received a severe beating as a result of an altercation with his estranged stepson, was given the benefit of the Probation Act after he pleaded guilty at Galway District Court to breaching the peace and being in possession of a baton, during the same incident. Sean Hanley, 56 Sli na Sruathan, Clybaun Road, Galway, had a further charge of criminal damage in relation to the same incident struck out against him. Sergeant Michael Coppinger said the incident occurred on October 20, 2002, and came about as a result of a phone call from Hanley's daughter. She was staying with her mother in Lus Leana at the time. She rang her father to come and get her. He went to meet her at a petrol station near the Headford Road roundabout. She was quite upset. Sergeant Coppinger said Shane Hanley, who is Sean Hanley's stepson, came along in a van with two others. A dispute arose between them. "What followed was quite horrendous. Sean Hanley was very badly assaulted," Sergeant Coppinger said. He explained that while Sean Hanley had a baton in his hand there was no evidence he hit anybody. Both Shane Hanley and one of his friends were dealt with in the Circuit Court, Sergeant Coppinger said. Both were acquitted of assaulting Sean Hanley by a jury in the Circuit Court. Sergeant Coppinger said on the night in question Sean Hanley received a very serious injury to his ear. "He had a rubber baton, but he didn't use it. It was dropped after the verbal dispute began," Sergeant Coppinger said in evidence. Defence solicitor Sean O'Carroll said Sean Hanley had no previous convictions and has now remarried. He said it was accepted that his client's daughter had phoned him and she said she had been assaulted by Shane Hanley. She did have a mark to her face. Sean Hanley, Mr O'Carroll said, was upset at that. A confrontation ensued and words were exchanged. "He(Sean Hanley) received a very severe beating. He had to have an operation by a plastic surgeon to his ear," Mr O'Carroll said. Mr O'Carroll said his client had found the whole court experience very difficult and he was deeply ashamed of what had happened. Judge Geoff Browne said the incident had arisen out of a family dispute. Mr O'Carroll added that it was highly unlikely his client would reoffend. Judge Browne then applied the Probation Act on both charges.

Man arrested after his terrified sister rang gardai
A woman who was terrified in her home as her drunken brother roared and shouted at her from the street outside, rang the gardai and had him arrested, Galway District Court heard last week. Kevin Barry, 65 St James Crescent, Mervue, Galway, was arrested by Garda Alan Maher at 3.55 am on November 30 last at French Park, Oranmore, outside his sister's home. Garda Maher gave evidence the accused was very drunk, agitated and aggressive. He was shouting and roaring at his terrified sister at the time, Garda Maher added. Judge Geoff Browne convicted and fined Barry 250 for breaching the peace and 100 for being drunk in public.

Fighting Construction worker handled cousins property stolen from employer's housing estate given chance to avoid conviction
A 46 years old man who handled items stolen from a housing estate which is still under construction, was fined a total of 1,250, when he appeared before Galway District Court last week. Tony Mullahey, 130 Baile na Choiste, Headford Road, Galway, pleaded guilty to five charges which involved handing two stolen kitchen units, 200 building bricks, a ladder, and other items which had been taken from four different locations on the Baile na Choiste housing estate which is currently under construction. Sergeant Michael Coppinger gave evidence he searched Mullahey's house on September 1 last and recovered all of the items which had been stolen. Defence solicitor Adrian MacLynn said his client had been working for Fighting cousins appeared before Galway District Court last week where they were given the opportunity to make a donation to the St Vincent de Paul Society and so avoid having a conviction recorded against them. David McCann, 5 Cnoc na Coille, Castle Park, and Brian Tolstor, 8 Mellowes Park, Renmore, both pleaded guilty to being drunk in public and to breaching the peace after Garda Paul Keane found them fighting with each other at Eyre Square on November 21 last at 3 am Both youths admitted they were very drunk at the time and had made up their differences since. Judge Geoff Browne adjourned the case to January 28 and told them that if they each paid 250 to the St Vincent de Paul Society in the meantime, he would apply the Probation Act then.

the contractor on the site at the time he committed the offences. Mr MacLynn said Mullahey has a serious drink problem and this had clouded his judgement. He asked Judge Geoff Browne not to send his client to prison. Judge Browne convicted and fined the accused 250 on each of the five offences.

Further remand for East European charged with Barna burglary
An East European man who is charged with aggravated burglary at an elderly woman's home in Barna last November, was further remanded in custody when he appeared before Galway District Court last week. Jiri Vojik, of no fixed abode, is charged with burglary at the woman's home in Freeport, Barna, on November 9 last, while having a knife in his possession. Superintendent Michael Curley said gardai were still awaiting the directions of the Director of Public Prosecutions in the matter and he applied to have the accused further remanded in custody. Defence solicitor Adrian MacLynn said he could not apply for bail because his client did not have a permanent address in this country. The accused agreed to a further remand in custody to January 19

Woman receives threemonth prison sentence for sixth motoring offence
A Ballybane woman was sentenced, in her absence, to three months in prison at Galway District Court last week for motoring offences. Anne Sweeney, 34 Glenbaun, Ballybane, Galway, was stopped by Garda Darren Egan while driving her car at Ballybane Road, on August 11 last. He told the court that Sweeney had five previous convictions for a similar offence and she had been disqualified from driving at the time. Judge Geoff Browne noted the accused was not in court before sentencing her to three months in prison for this sixth offence. He also fined her 1,000 and banned her from driving for five years. Further penalties totalling 650 were imposed on her for not having a driving licence and for failing to produce documentation to the garda when asked to do so. Recognisance was fixed in the event of an appeal.

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Prison and fines for city man who drove without insurance
A Castle Park man who has previous convictions for driving without insurance was sentenced to three months in prison for a similar offence, when he appeared before Galway District Court last week. John Paul Sweeney, 269 Castle Park, Galway, was stopped by Sergeant Brian Burke near his home on September 26 last when the offence was detected. The court heard the accused had a number of similar previous convictions. Judge Geoff Browne sentenced Sweeney to three months in prison for driving without insurance and also fined him 1,000 and disqualified him from driving for five years. He fined him a further 650 for not having a driving licence and failing to produce his documents. Recognisance was fixed in the event of an appeal.

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