Galway Advertiser 2004/2004_05_20/GA_2005_E1_026.pdf 

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26

N E W S

IN THE COURTS

May 20 2004

Phone sex pest ordered to carry out community service in place of prison term
An apprentice carpenter who blocked the number on a mobile phone before making a series of lewd phone calls to a young woman he had never met, was ordered to carry out 100 hours' community service in place of a threemonth prison sentence, when he appeared before Galway District Court this week. Liam O'Flaherty (20), Camus Uachtar, Rosmuc, Connemara, had pleaded guilty last month to two sample charges of making lewd and sexually explicit phone calls to the victim on November 11 and again on December 2, last year. The accused had obtained a `ready to go' mobile phone and used it to connect to the Internet where he visited an adult sex chat room. Most of the conversations, he said in a statement to gardai, were with someone called Shelley, and they always got "hot and sexy". He claimed he was given a mobile phone number to contact while visiting the chat room. He rang the number and a girl answered the phone. The victim had been terrified by the content of the anonymous phone calls and she agreed to have her phone line `tapped'. The accused was traced when he used his father's bill pay phone to make some of the calls, unknown to his father. Defence solicitor, Olivia Traynor, said yesterday that her client had already paid 500 in compensation to the woman. Reading a community service report compiled by the Probation Service, Judge Mary Fahy said it was positive but she was concerned that it suggested the accused now seemed to think he was innocent. Ms Traynor said her client accepted full responsibility for his actions and was sorry. Judge Fahy then affirmed an order made in April by President of the District Court, Judge Peter Smithwick that the accused complete 100 hours' community service in lieu of a threemonth prison sentence.

Further custody remand for man charged with taxi robbery
A man who is charged with the robbery of a taxi driver in the city two months ago, was further remanded in custody when he appeared before Galway District Court this week. John Boland (26), a native of Athlone, with an address at 110 Renmore Park, Renmore, Galway, is charged with robbing the named taxi driver of 230 cash at Caiseal Cam, Roscam, Galway, on March 30 last. A co-accused, Arlo Crawley(22), 4 Cuar na Luas, Rahoon, Galway, has already been remanded on bail to a later date. Judge Fahy refused jurisdiction to deal with the case in April and she adjourned the matter for the preparation of a book of evidence so that the matter can be sent forward to the Circuit Criminal Court at a later date. The judge further remanded Boland in custody this week with consent to bail to appear before the court again on May 31 and she extended time for service of a book of evidence.

Prison sentence for Night Claddagh man following out turned spate of offences sour for friends arrested
Two friends who came to the attention of gardai because of their drunken, aggressive behaviour in a city housing estate were each fined 400 at Galway District Court this week. Michael Ryan, 317 Corrib Park, Newcastle, and Laurence Flaherty, 69 Innishannagh Park, Galway, pleaded guilty to breaching the peace and being drunk in public at Hazel Park, in the early hours of May 8 last. Ryan, who is a carer, was observed walking in the middle of the road in a highly intoxicated state. He became very abusive and aggressive when gardai asked him what he was doing in the area and he was arrested. The court heard his co-accused, Flaherty, was also creating a disturbance along with a third, unnamed individual. Defence solicitor, Valerie Corcoran, said it was the other individual who was not before the court who had drawn the attention of the gardai in the first place. She said Ryan cared for his parents and was in receipt of a carer's allowance. A mother of a friend of his had paid for him to visit Brussels and he was not in court for that reason. She said Flaherty, who was present in court, was living at home too and was in receipt of 9.80 social welfare. Both were sorry for their behaviour on the night, she said. Judge Mary Fahy advised Flaherty to go out and look for a job instead of loitering and drinking. He told her he was about to start a FAS training course. The judge then convicted and fined both youth 300 for breaching the peace and 100 for being drunk in public. A 33-years-old Claddagh man was sentenced to a total of nine months in prison at Galway District Court this week in relation to two drunk driving charges and related offences. Eamonn Carrick, 2 St. Dominick's Road, Claddagh, Galway, pleaded guilty to drunken driving on September 28, 2002. A urine sample taken at the time of his arrest showed concentrations of amphetamines and opiates in his system. The accused was again arrested for drunken driving following a hit and run accident on December 9, 2003. Gardai were given a description of the offending vehicle and they later came across the accused driving his badly damaged car with the lights switched off, in Newcastle, Galway. A breath sample taken on that occasion showed a reading of 94 micrograms of alcohol per 100 mls. of breath. He was also driving while disqualified in relation to an earlier conviction for drunken driving. Inspector Marie Skehill said Carrick was again arrested on January 8 last after he went into Champion Sports, tried on a tee-shirt and left the shop wearing it. When arrested and searched, the garment security tag was found in Carrick's pocket along with a steak knife. Carrick told the court he was not carrying the knife with the intention of harming anyone. He had taken it from a restaurant earlier so that he could use it to prize off the security tag. Hearing a long list of previous

convictions which Inspector Skehill read out in court, Judge Mary Fahy said a custodial sentence was the only appropriate way to deal with the case. Defence solicitor, Michael McDarby asked that she made a recommendation to the prison service in Castlerea that his client receive appropriate treatment for his serious addiction to alcohol at Harristown Addiction Treatment Centre. Judge Fahy then imposed varying terms of imprisonment, totalling nine months. She said it was worrying to think he had drugs in his system while driving. The accused could make enquiries himself about treatment while serving his sentence, she added.

Lorry driver who caused Oranmore pile-up convicted of dangerous driving
A Polish lorry driver who caused a multi-vehicle pile-up near Oranmore last month which led to the serious injury of a number of people, was convicted of dangerous driving, fined 750 and banned from driving for twelve months this week. Zygmunt Leszcyzycski, c/o Nolan Transport Company, New Ross, Co Kilkenny, collided with the rear of a Nissan Micra car, which was making a right turn on the Galway to Gort road at Rocklands, near Oranmore village, on April 1 last. The car was pushed into the path of an oncoming articulated truck which jack-knifed, turned over and collided with a van and other cars as it slid out of control down the roadway. Its driver was thrown 30 metres from the cab. Two people in the Nissan Micra, the driver of the van and the articulated lorry driver were all seriously injured in the accident, sustaining broken ribs, limb and facial injuries, Garda David Delahunty told Galway District Court this week. The accused, who has been working in Ireland for over a year was an experienced lorry driver in his own country with no previous convictions, defence solicitor Olivia Traynor told the court. She said her client was sorry and had accepted total responsibility at the outset. He had not seen the lights on the back of the Micra as it made the turn, she said. One of the injured, a man, who appeared in court on crutches with his arm in a sling said he had been in the Micra car which was in a dedicated lane for turning right. He said that while he accepted the accused man's apology he did not want the defence to try and negate the seriousness of what happened. Ms Traynor said her client accepted full responsibility for his momentary lapse in concentration and had pleaded guilty at the scene of the accident when questioned by Garda Delahunty. He was again apologising to those injured in the serious collision, she said. Judge Mary Fahy said the accident had been a very serious one and she understood the feelings of the injured party. She said he and the other injured were very lucky to be alive.

Man annoyed after gardai cleared pub where he had been drinking
A Shantalla man who was annoyed when gardai cleared a pub where he had been drinking after hours was later arrested outside for refusing to leave the area and for being drunk in public. John Griffin, a painter, from 50 Davis Road, Shantalla, asked Garda Cathal Rodgers and a colleague had they nothing better to do when he emerged from a pub in Dominick Street on April 24 last at 1.05 am. Garda Rodgers said he had called to the pub and advised the landlady to clear the premises. He and his colleague waited outside in Pump Lane, to make sure everybody left. Griffin came out and became abusive. He was asked to leave the area but he refused. He had since apologised for his behaviour on the night, Garda Rodgers added. Inspector Marie Skehill said Griffin had a previous conviction for refusing to obey the directions of another garda and leave an area. Judge Mary Fahy convicted and fined Griffin a total of 400.