Galway Advertiser 2004/2004_10_07/GA_0710_E1_026.pdf 

Extracted text

26

N E W S

IN THE COURTS

October 7 2004

Judge annoyed by drunken mature student
A 37-years-old man who claimed he was a mature student in receipt of Unemployment Assistance, was too drunk to move when a garda asked him to get up off the ground and go home, Galway District Court heard this week. Steven Olende, 114 Tirellan Heights, Headford Road, Galway, pleaded guilty to being drunk and to failing to leave Abbeygate Street, Galway, when directed to do so by Garda David Delahunty at 2am on September 11 last. Garda Delahunty said he had asked the accused to move on earlier that night but when he returned to the same place 20 minutes later he found Olende lying on the ground "completely out of it." Olende told Judge Mary Fahy he was too drunk to move that night for Garda Delahunty. He said he was finishing an MA in college and had been drinking all day on that occasion. He said he was in receipt of Unemployment Assistance and was writing up his MA in his spare time. "My understanding was that you have to be available for work to qualify for Unemployment Assistance. It's a great system," the judge said. Olende said he had applied for jobs and had been in Ireland for 12 years. Judge Fahy asked him if he had worked in the last 12 years and he said he had not. Olende explained he had been in college for four years and had completed a VTOS course before that. "You have so much money, you cannot move from drink. That's why our taxes are so high. It's very annoying. Will you be in college for ever?" the judge asked him. Olende shrugged and gave no answer. The judge said Olende had been very immature for a man of his age and his educational ability. "You obviously have too much money in your pocket and have to go out drinking," she said before fining him 300 for failing to comply with Garda Delahunty's direction to leave the area and 100 for being drunk in public.

Widower conned Social Welfare out of 6,500
A non national who conned the Social Welfare Department out of 6,500 by `signing on' while in full-time employment, was sentenced to four months in prison at Galway District Court. Judge Mary Fahy told Djo Kasse Bokunde, 39 An Logan, Western Distributor Road, Galway, that he should have counted his blessings because he had employment instead of committing such a serious offence. Mr William Kennedy, prosecuting, said the accused man claimed Unemployment Assistance over an 18month period during which time he was employed as a driver by Cuisine de France. He had been earning between 250 and 320, depending on the hours he worked with that company, while at the same time claiming 120 per week unemployment assistance. Defence solicitor Adrian MacLynn said Bokunde needed the money to pay the fares for his three children to come to Ireland from the Congo. Their mother and grandparents were dead and he wanted them to come to Ireland to be with him. The court heard Bokunde is currently serving a seven-month sentence imposed last July for trying to steal money from night safes by using a sticky substance attached to the end of a long piece of wire. He would not be in a position to repay the money owed because he was in custody. Judge Mary Fahy sentenced the accused to four months in prison, to run consecutively with his current sentence, and fixed recognisance in the event of an appeal.

Expectant mother abusive to garda in Garda Station
A pregnant mother who became very abusive at Galway Garda Station when the driver of a car in which she was a passenger was arrested, appeared before Galway District Court this week. Winnie McDonagh (26), 32 Droim Chaoin, Rahoon, Galway, who is pregnant with her second child, pleaded guilty to be drunk and a danger to herself and others at the Garda Station on September 13 last. Garda Cathal Rodgers said the woman was extremely intoxicated at the time and he had to arrest her for her own safety. Defence solicitor Valerie Corcoran said her client, who is married and expecting her second child, accepted she had too much to drink at the time and was now apologising for her behaviour. Judge Mary Fahy convicted and fined the accused 100.

Carpenter abusive to gardai he called for help
A cocktail of vodka and Red Bull landed one irate partygoer before Galway District Court this week after he verbally abused gardai he had called to a night-club. Padraig Millane (20), a carpenter with an address at, 253 Tirellan Heights, Headford Road, Galway, pleaded guilty to being drunk in public and breaching the peace outside the GPO night-club at 12.30am on September 11. Millane had called the gardai because he wanted to make a complaint about door staff at the night-club. Garda John Moloney said he met a very irate Millane outside the night-club and he complained about the door staff. The garda asked Millane to calm down but he continued to shout abuse. He gave the accused several warnings but Millane became even more abusive towards a garda colleague. Garda Moloney said he gave Millane one last chance to calm down but he continued to be abusive before running down the street. He was arrested after a short chase and struggled at first but calmed down later at the Garda Station. Defence solicitor Sean Acton said his client had been at a friend's 21st birthday party and had been drinking vodka and Red Bull. He had called the gardai because he had been assaulted but when they arrived he seemed to lose control of himself. Mr Acton said Millane realised later that he should have let the gardai do their job and he wanted to apologise to them. He added that alcohol did not agree with his client and he should not drink. Judge Mary Fahy warned Millane that if he wanted to continue being a carpenter he should behave himself in future. His behaviour on the night, she said, was outrageous. Hearing that Millane had previous convictions, the judge said he should not be coming back before the court and should be keeping his head down. She convicted and fined him 300 for breaching the peace and 100 for being drunk in public.

Fibber's owners pay the price
The owners of a Galway city pub who defied the smoking ban for two days last July and openly smoked in their own premises while being interviewed by several television stations, were fined a total of 6,400, plus 3,000 costs, at Galway District Court this week. Both Ronan Lawless, and Kieran Levanzin, whose company Cliplaw Ltd, owns Fibber Magees' pub, at Eyre Square, Galway, claimed a `rush of blood to the head' brought on by falling profits led them to `take on' the legislation and allow people to smoke openly on their premises on July 6 and again on July 7 last. Both men admitted smoking on the premises themselves. Mr Francis Comerford BL prosecuting on behalf of the Western Health Board, said the health board had seen the men's actions as a direct attack on the legislation. Imposing the fines Judge Mary Fahy accepted that at the time there had been a lot of hype surrounding the legislation and that things did get out of hand with both men perhaps, giving too many interviews. "It's an important point though that had not the Western Health Board and their staff intervened at that time, the whole legislation could have been undermined to a very detrimental degree," the judge said. Judge Fahy went on to say that the legislation had been successful and had been adhered to due to the co-operation of the public, and the vigilance of the Health Boards. "There was a short, sharp reaction at the time but I'm glad to hear it has stopped and the defendants will be adhering to the legislation from now on," the judge added. Mr Lawless, Mr. Levanzin, and their company, Cliplaw Ltd, faced 11 summonses under the Public Health (Tobacco) (Amendment) Act of 2004. Mr Levanzin pleaded guilty to being the person in charge of the premises when smoking was taking place on July 6 at 3.35pm and again at 8.30pm. He also admitted being in charge of the premises when smoking took place again on July 7 last. Both defendants also entered a guilty plea on behalf of their company. Mr Lawless denied being the occupier of the premises when smoking took place there on two occasions on July 6, and once on July 7. His barrister Mr John Kiely contended that Cliplaw Ltd was the occupier and not Mr Lawless. Mr Levanzin, he explained, was the nominee of the company and he held the licence for the premises and not Mr Lawless. After lengthy legal argument and on viewing a compilation of television interviews given by both defendants, Judge Fahy said it was evident Mr Lawless was in control and in charge of the premises at the time he gave the interviews. He could have stopped the smoking there at any time during both dates. Senior environmental health officer Maria Horkan gave evidence she inspected the premises at 3.30pm. on July 6 and noted signs outside and inside the premises stating it was a designated smoking area. She noted three people smoking on the premises. Her colleague Nan Savage said she inspected the premises at 8.30pm. that same night and noted both defendants `lit up' and were smoking with some 16 customers. The RTE news came on, she said, and the television sound was turned up. Everyone was watching the interviews both defendants had given to the media earlier on that day. She returned to the premises the following day and was met with a thick blanket of smoke in the upstairs bar area. She noted 30 people smoking that day and was about to enlist the help of the Gardai to get names and addresses, when a television crew arrived and she decided to abandon the exercise. In mitigation, Mr Kiely said his clients had tried to take on the smoking ban because their business was suffering but on taking legal advice on the second day, they quickly decided to adhere to the law and had been doing so ever since. It had simply been a case of a rush of blood to the head, he said. Hearing that the maximum penalty was 3,000, Judge Fahy convicted and fined Mr Levanzin, who pleaded to the charges, 2,000, plus 1,000 costs to the health board, for being the person in charge on July 6, when smoking took place. She convicted and fined Mr Lawless 3,000, plus 1,000 costs because he had contested the charge of being the occupier of the premises on July 6. She then convicted and fined the company 1,000, plus 1,000 costs. The judge fined both men 200 for smoking on the premises on July 6 and took all of the other summons before the court into account on a plea of guilty. Recognisance was fixed in the event of an appeal.