Galway Advertiser 2004/2004_05_13/GA_1305_E1_026.pdf 

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26

N E W S

IN THE COURTS

May 13 2004

Hit and run hackney driver collided with Hiace van
A hackney driver who left the scene of a minor car accident at a junction in Knocknacarra, was convicted and fined a total of 800, plus 440 expenses, and was disqualified from driving for 12 months, when he appeared before Galway District Court this week. David Murphy, 60 Monalee Manor, Knocknacarra, Galway, denied being involved in the collision which took place at the Barna/Ballymoneen road junction on June 25 last year, when his hackney car collided with a Hiace van, being driven by Thomas Barrett, who was travelling at the time on the main Barna to Galway road. Independent witness, Martin Costello, an underfloor heating specialist, gave evidence he was waiting in his car to turn right at the junction when he saw Murphy's hackney car driving away after it had collided with the Hiace. He tapped the registration number into his mobile phone and then wrote it down before giving it to Mr Barrett. The court heard 400 worth of damage had been caused to the Hiace. Murphy claimed Barrett had driven at speed and collided with his car as he sat at the junction. Mr Costello said the Hiace would have had to swerve into the junction for this to happen and this had not occurred. In his opinion, Murphy had come out of the junction and hit Mr. Barrett's van, he said. "Thank God for independent witnesses. In a situation where there is total conflict of evidence between two drivers the court would have difficulty deciding but in this particular case the court has the benefit of this independent witness. He has been in court all day and I'm sure as he's a plumber he could be up to his eyes in work elsewhere," the judge said. Mr Gearoid Geraghty, defending, said he objected to the high cost of the witness expenses. Awarding the 440 expenses to Mr Costello, Judge Fahy commented, "If he's like other plumbers he is in very big demand and he's been here all day." She fined Murphy 500 for failing to stop at the scene and disqualified him from driving for twelve months. She also fined him 100 for failing to remain at the scene and another 200 for failing to report the accident. Recognisance was fixed in the event of an appeal.

Youth found with snips near cars in Oranmore fined 300
An 18-years-old Ballybane youth who was found loitering near cars in Oranmore village while in possession of a snips, was convicted and fined 300 at Galway District Court this week. Dean Spellman, 318 Castle Park, Ballybane, Galway, pleaded guilty to being in possession of the snips which was made or adapted for use in the course of an offence at Main Street, Oranmore, on February 7 last at 12.55am. Defence solicitor Adrian MacLynn said his client had been using the snips while working with his father that day and had forgotten to take them out of his trouser pocket before going to Oranmore to visit friends. He denied he had been loitering near the cars and had driven his mother's car to Oranmore that night. Inspector Marie Skehill said Spellman had no previous convictions but he was found loitering around the cars. Judge Mary Fahy said she found Spellman's story hard to believe and she warned him to be careful in future before fining him as stated.

Headford security guard pays for damage to cars
A Headford man who is serving a total of 10 months in prison for assaulting his former partner and her father, paid 1,000 in compensation to both of them at Galway District Court this week for damage he caused to their cars last January. Nigel Fitzgibbon, a part-time security guard from Bridge Street, Headford, was sentenced in February to four months in prison for producing a sword during a dispute with Mr Stephen Wall, at Ashford, Cong, on January 19, and to a further two months in prison for assaulting Mr Wall on the same occasion by spitting into his face. Fitzgibbon was already serving a four-month sentence for assaulting his former partner, Linda Wall, by putting her head through a window when she was pregnant with their child. Judge Mary Fahy had adjourned until this week charges of criminal damage to both of the injured parties' cars because the accused had agreed to pay 1,250 in compensation. Fitzgibbon only produced 1,000 in court this week but Garda Eamonn Berry said he had spoken to the Wall family and this amount was acceptable to them. Judge Fahy then sentenced Fitzgibbon to one month in prison on each of the criminal damage charges and suspended the sentences for 12 months on the basis that compensation has been paid.

Student gets Probation Act but admits she still enjoys cannabis
A trip to the Citizen's Advice Bureau paid dividends for two girls who appeared before Galway District Court this week charged with being in possession of small amounts of cannabis resin. Such was Siobhan Egan's enthusiasm after just one visit to the Bureau that she requested Judge Mary Fahy - before any evidence was heard at all - to apply the Probation of Offenders Act in her case. Sensing that Ms Egan (23), a Fine Arts student with an address at 11 Moneenageisha Court, Galway, may have been told what to say, Judge Fahy asked her if she had spoken to a solicitor. "No, but we went to the Citizen's Advice Bureau," enthused Ms Egan. Also before the court was Suzanne Hamilton (21), a native of Ballyvora, Ferbane, Co Offaly. Both girls pleaded guilty to being in possession of 30 worth of cannabis resin for their own use at Upper Salthill on February 21 last. Judge Fahy said she rarely applied the Probation Act for such an offence but given that neither of the accused had previous convictions and they were starting out in life she would consider it. She advised them that cannabis could lead to the abuse of other drugs and asked if they still smoked it. The judge was taken aback when Ms Egan candidly admitted she enjoyed smoking cannabis still. "It you are a user, I think you will use it again," Judge Fahy said to her. Ms Egan replied she would be concentrating on her studies from now on and she was sorry. Judge Fahy applied the Probation Act in both cases, stating it would record a conviction and if ever either of the accused came before the court again, the conviction would show up. Ms Egan said she wished to travel and asked if a conviction would affect this. "If it did, all the airports in Ireland would be very quiet," Judge Fahy replied.

Further bail remand for man charged with having drugs at party
A man who is charged with being in possession of drugs and having them for sale of supply to others at a party, was further remanded on continuing bail at Galway District Court this week. Anthony Keane, with an address at 169 Lurgan Park, Renmore, Galway, is charged with having quantities of cannabis, Ecstasy, and amphetamines (speed) in his possession at Ross Demesne, Roscahill, on September 28 2003, and with having the drugs for sale or supply to others at the time. Inspector Marie Skehill said a book of evidence in the case was not yet ready and she applied for an adjournment. Judge Mary Fahy remanded Keane on continuing bail to appear before the court again on June 9 and she extended time for service of a book of evidence to that date.

Anti-drugs youth had Ecstasy hidden in his sock
An 18-years-old youth who had two zipped plastic bags which contained Ecstasy tablets hidden in his sock, was fined 300 at Galway District Court this week. Owen Hilti, originally from Mountshannon, Co Clare, pleaded guilty to being in possession of the tablets in Salthill on September 28 last year. Defence solicitor Noel Rhattigan said his client had been experimenting with drugs at the time but had since written an anti-drugs article which had been published in the local press. He said his client hoped to travel to Zurich shortly to begin a catering course and a conviction might restrict his arrangements. Judge Mary Fahy convicted and fined Hilti 300, stating that the accused knew what he was doing because the Ecstasy was hidden so well in his sock.

City man imprisoned for not paying court fines
A 21-years-old Galway city man who is in custody for not paying fines, admitted using a stolen cheque in a separate incident to obtain 250 cash and goods from a city store, when he appeared before Galway District Court this week. Jonathan Harlowe, with an address at Binn Sin, Western Distributor Road, Galway, who was working as a security guard in Cork before being picked up and imprisoned recently for not paying fines imposed for other offences, pleaded guilty to the fraud offence which occurred on February 9 2003. Defence solicitor Michael McDarby, said his client had been the subject of an exceptionally good probation report last March in relation to other matters and he felt this charge should also have been dealt with at the same time. Mr McDarby said his client was drinking heavily at the time of the offence but had since turned his life around with the help of the Probation Service and had been given a chance by the court last March based on the very positive probation report. The court heard Harlowe had been placed on probation for 12 months in March to see how he behaved. Harlowe told Judge Mary Fahy he simply forgot to pay the fines before moving to Cork to work. Judge Fahy agreed this latest charge should have been before the court in March. She remanded the accused on continuing bail to November 1, to see how he got on in the meantime and ordered an up-todate behaviour report from the Probation Service to be prepared for the court on that date.