Galway Advertiser 2004/2004_04_01/GA_0104_E1_026.pdf 

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26

N E W S

IN THE COURTS

April 1 2004

Prison sentence for drunken pregnant woman who stole for baby's christening
A heavily pregnant woman was sentenced to one month in prison this week after pleading guilty to stealing a jacket she wanted to wear to her child's christening. Marie Ryan (31), with an address at Wellpark Grove, Galway, who is due to have her baby in May, admitted she was drunk on March 8, last at Dunnes Stores, Eyre Square, Galway, but she denied stealing the jacket along with two other jackets from the store on the same date. Defence solicitor Valerie Corcoran said a probation report indicated the accused had not taken a drink since the murder of her partner Colman Barrett six months ago, and that she had just one relapse on this occasion. Her client had gone drinking on that date because she was upset over the fact the child being christened was in care, while another one of her children is the subject of an adoption order. Inspector Tony O'Donnell read out a long list of previous convictions involving public order offences, serious assaults, and the possession of offensive weapons, for some of which Ryan had served terms of imprisonment in the past. Judge Mary Fahy said Ryan was using her pregnancy as an excuse to do what she liked. The judge said a custodial sentence was the only way to get it through to the accused that she could not continue to offend. Defence solicitor Valerie Corcoran said Ryan had been taken into care herself when she was three and there were issues relating to her time in care which caused her to act the way she did. Her client was now receiving counselling and was on medication for depression and psychosis. She asked Judge Fahy to obtain a detailed report on her client's history before sentencing. Judge Fahy refused the application and said Ryan could no longer use things that happened to her in the past as an excuse to offend time and time again. "She is making no effort and she is still drinking heavily while pregnant," the judge said before imposing the custodial sentence for shoplifting. She also fined Ryan 100 for being drunk in public and fixed recognisance in the event of an appeal. "I would give a longer sentence but for the fact she is pregnant," Judge Fahy added.

Suspended sentence for man who set off hotel fire extinguisher
An Aughrim man who set off a fire extinguisher for fun while staying at a Galway city hotel, was given a suspended two-month sentence at Galway District Court this week. Paul Flanagan, a plasterer from Newcastle, Aughrim, Ballinasloe, pleaded guilty to causing criminal damage at the Warwick Hotel, Lenaboy, Salthill, Galway, on March 20 by setting off the dust-filled fire extinguisher which caused damage in the hallway, lower floor area, and entrance to the hotel. Inspector Tony O'Donnell said Flanagan and a number of his friends were staying for the night in the hotel celebrating a birthday. They had been drinking at the nightclub downstairs in the hotel before returning to their hotel room where the accused set off the extinguisher. The extinguisher used emits a dustlike substance to extinguish fires, the inspector explained, and this substance caused an amount of damage. Defence solicitor Olivia Traynor said her client was very sorry for what happened and he paid the 360 compensation asked for by the hotel the following day. Judge Mary Fahy remarked Flanagan had behaved in a very juvenile way and he agreed with her. He said it was meant to be a joke and he was now sorry. Hearing the accused had previous convictions in his own town for public order offences, Judge Mary Fahy imposed a two-month sentence, suspended for two years.

City man Further remand for man sent for charged in connection trial on child sex with city rape assault charge
An Eastern European man was further remanded in custody this week in connection with the alleged rape of a student in the city on Valentine's night. The man, who is in his 20s, cannot be named for legal reasons. He is charged with the offence which is alleged to have occurred at Upper Canal Road, Galway, in the early hours of February 15 last. Inspector Tony O'Donnell objected to a bail application A 48-years-old Galway city man who is charged with the sexual assault of a child in the city almost two years ago, has been sent forward for trial to the next sitting of Galway Circuit Criminal Court. The man, who cannot be named for legal reasons, is charged with sexually assaulting the girl on June 4 2002, at a city centre location, contrary to Section 2 of the Criminal Law (Rape) Amendment Act 1990, as amended by Section 37 of the Sex Offenders Act, 2001. Inspector Tony O'Donnell told Galway District Court this week the book of evidence in the case had been served on the accused and he applied to have the man sent forward for trial. Judge Mary Fahy sent the man forward for trial and remanded him on continuing bail to appear Galway Circuit Criminal Court, beginning on April 20 next.

lodged by defence solicitor Olivia Traynor, on the grounds that the accused was on bail on a charge of being in this country illegally when the alleged rape took place and he had indicated while being questioned by Gardai that he was returning home to get married soon. The accused was further remanded in custody by Judge Mary Fahy to appear before Harristown District Court tomorrow Friday April 2.

Prison sentence for Loughrea man who escaped the law for nine years
A 28-years-old man who held a knife to the throat of an employee at a fastfood restaurant because he could not pay for a meal was sentenced to 10 months in prison for that and a spate of other offences, when he appeared before Galway District Court this week. Joseph Tierney, a native of Loughrea, with numerous addresses around Galway city, was arrested on St Patrick's night last after he went in a very drunken state to Galway Garda station following the arrest of his partner. He refused to leave the public office and became very abusive to people there. Following his arrest it was discovered a number of outstanding bench warrants for his arrest going back to 1995, were in existence, as Tierney had failed to turn up at various court sittings down through the years. Inspector Tony O'Donnell outlined a long list of charges involving thefts from shops and public order offences, which involved the accused. The most serious of these charges included an incident which occurred in Eddie Rocket's restaurant on January 3 2001. Garda Jim McDermott gave evidence the accused held a knife to a staff member's throat when asked to pay for his meal. He then ran from the scene but was arrested on Shop Street a short time later. Just before this Garda McDermott saw Tierney run up a laneway and discard a jemmy bar, which he had hidden up the leg of his trouser. The accused was also found in possession of a knife at Main Street, Loughrea, on June 6, 2001. He resisted arrest on that occasion and also refused to give his name and address. Tierney was also found in a very drunken state surrounded by beer cans at the Spanish Arch by Garda James Griffiths on May 25 2001. He refused to leave the area for the garda. Inspector O'Donnell recalled a charge relating to July, 1995, when Tierney stole a bottle of Buckfast wine from Roches Stores. In 1998 he was charged with breaking a plate glass window in a premises in the city and on December 8 2001, he was observed stealing a pair of runners from Dunnes Stores, Terryland. He was detained by security staff and was found to be in possession of a book stolen from Hughes Bookshop and a toy parrot, stolen from Tesco. Tierney, the court heard, had never attended court to answer any of these charges and would still be at large but for the fact he came to Galway Garda station in a drunken and abusive state on St Patrick's night last. He was charged with a breach of the peace and being drunk on that occasion. Defence solicitor Olivia Traynor said her client started drinking when he was 12 and had been put into care by his parents when he was 16 and remained there for two years. His parents were present in court and were very supportive, she said. Judge Mary Fahy said the accused had escaped detection for a very long time and he would still be on the loose but for his `visit' to the Garda station recently. She sentenced him to five months in prison for the assault at Eddie Rockets and three months, to run consecutively, for failing to leave the Spanish Arch area for Garda Griffiths. A further two month sentence was imposed, to run consecutively also, for breaching the peace at Galway Garda Station on St Patrick's night and monetary fines, totalling 400, were imposed for being drunk in public on various occasions. The judge also imposed concurrent prison sentences on the remaining charges for being in possession of a penknife and jemmy bar, and for the larcenies and remaining public order offences.

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