Galway Advertiser 2004/2004_11_04/GA_0411_E1_026.pdf 

Extracted text

26

N E W S

IN THE COURTS

November 4 2004

Old flame became an obsession for father of four
A 41-years-old man became obsessed with a married woman and harassed her and her family by making abusive and sometimes threatening phone calls to her at her home and at her place of work, when she ended a brief relationship with him. Calls made by Joe Crampton, a separated father of four, from 266 Castlepark, Ballybane, Galway, were monitored by gardai and a 34-page list of incoming numbers to the woman's phone was compiled between October 7 and November 13, 2003, which showed the accused had made most of the calls. Crampton pleaded guilty at Galway District Court yesterday to making the phone calls to Ms Sylvia Nolan, with whom he had a brief relationship beginning in March last year, which were grossly offensive and of an indecent, obscene or menacing character. Ms Nolan gave evidence that the accused had harassed her and her family by persistently phoning her. He even phoned her 11-years-old daughter on her mobile phone, and had come to her home during Race Week, and left photos which he had taken of her during their brief relationship. The photos, she added, were insignificant but she was concerned the accused had come to her house and she wanted him to stop harassing her and her family. Ms Nolan claimed Crampton also followed her to her place of work where there were school children and had threatened her there. She also claimed he was making calls up to two months ago. Garda Claire Burke gave evidence Crampton and Ms Nolan had had a brief affair which began in March 2003, and which ended after nearly two months. After that the phone calls started and at first they were mainly about getting back together but then the tone of them changed and Crampton started making threatening remarks about Ms Nolan, her husband, and her children. She changed her mobile number but Crampton grabbed her phone from her in a supermarket on one occasion and got her new number. Ms Nolan made a complaint at that stage to Gardai and her phone was monitored over a five-week period during which Crampton made an unspecified number of calls. Garda Burke explained that Ms Nolan asked her to caution Crampton in July 2003 to stay away from her. Garda Eoin Griffin spoke to the accused. Personal effects belonging to Ms. Nolan were returned by Crampton to her via Garda Griffin, and she, in turn, returned items belonging to Crampton. Garda Burke said she heard nothing until September 2003 when the calls started again. The calls had ceased since, she added. Defence solicitor Dan Callanan said his client is obsessional about Ms Nolan and he handed a report from his client's psychologist into court. Mr Callanan explained that Crampton knew Ms Nolan years ago and a relationship between them developed in March 2003 which went on for a number of months. Crampton apologised to Ms Nolan in court for his behaviour. He said he didn't mean any harm and all he wanted to do was apologise. He said he was getting ongoing help for his obsessional behaviour and would have no more contact with Ms Nolan. Judge Conal Gibbons adjourned the matter for one year, to November 2 2005, on the basis that Crampton undertake not to reoffend in the meantime. He ordered an up-to-date probation report and psychological report for that date The judge warned that if the State had to re-enter the case before that he would deal with the matter personally and would send the accused to jail.

Custody remand for man awaiting trial next year
A 20-years-old man was remanded in custody at Galway District Court this week to await trial in January on charges relating to the alleged false imprisonment of two young men in a house in Newcastle, Galway, two years ago. Luke Donnellan, 25 Carn Ard, Circular Road, Galway, was charged with a large number of offences and a book of evidence was served on him before the court sat in relation to the alleged false imprisonment of two males at a house in Laurel Park, Newcastle, Galway, on February 10 2002. Inspector Marie Skehill applied to have the accused sent forward for trial to the next sittings of Galway Circuit Criminal Court in January and she objected to a bail application made by defence solicitor Valerie Corcoran. Donnellan was also charged with stealing a car at Laurel Park on February 10 2002, and with being drunk in public on the same occasion. Two other charges before the court related to having a knife in his possession at Padraig's Bar, Dock Road, Galway, on October 25 last and to being drunk in public, on the same date. Donnellan was further charged with being drunk and with breaching the peace at Eyre Street, Galway, on April 11 last, and with failing to appear before Galway District Court in April and May of this year. Two bench warrants had been issued for his arrest on both. Judge Conal Gibbons remanded the accused in custody to await his trial in January on the more serious charges and he remanded him in custody to November 15 next for the remainder of the charges. The judge refused an application by Donnellan for Free Legal Aid, stating he didn't believe a word he said in the witness box in relation to his earnings while working in Holland in recent months. Donnellan said he had been working in construction in Holland and was earning between 200 and 250 a week after paying rent. Judge Gibbons said Donnellan had told lies in the witness box and had not produced evidence of his earnings. He was not working and not receiving social welfare since returning home three weeks ago, the judge observed. The judge said he didn't believe Donnellan who claimed he had brought home only 200-250 from his stint in Holland.

Judge shows pity for elderly labourer
A 60-years-old man who started drinking when he could no longer work because of a leg injury, was given the benefit of the Probation Act by Judge Conal Gibbons, who took pity on him at Galway District Court this week. Sean Walsh, c/o Fairgreen Hostel, Galway, and a native of Kiltulla, Athenry, appeared in court on crutches, charged with two counts of being found drunk and a danger to himself and others in public and with failing to appear in court on a previous occasion. Garda Eimear Walsh said she received a report to go to Ceannt Railway Station on May 5 last at 3pm where she found the accused in a very drunken condition using bad language to passers-by. Inspector Marie Skehill related how Garda Stephanie Moggan found the accused in a similar condition at Lidl, Headford Road, Galway on October 25 last. On his most recent arrest it was discovered that a bench warrant was already in existence for Walsh's failure to appear in court in relation to the earlier offence in May. Defence solicitor Valerie Corcoran said her client had been a hardworking man all his life and had worked in construction in the North and in Dublin until an ankle injury forced him to quit. He now had two steel pins in his ankle and had turned to drink when he could no longer work. Judge Conal Gibbons remarked that the accused should not use bad language, even in the throes of drink, but he took pity on him and applied the Probation of Offenders Act because he had no previous convictions.

Property developer fined and disqualified for failing to give breath specimen
A property developer who contested a charge of failing to give a breath specimen when arrested on suspicion of drunken driving, was convicted, fined 300 and disqualified from driving for two years, when he appeared before Galway District Court this week. Joe Keating, Tara, Dyke Road, Terryland, Galway, was arrested by Garda Ronan Mahon near his home on May 8 last and taken to Galway Garda Station where he was requested to supply two specimens of his breath by blowing into the intoxalyser machine. After three unsuccessful attempts to provide two breath samples at a time, Garda Ronan Mahon charged the accused with failing to provide two breath samples for analysis. The court heard the machine required two breath samples at any given cycle of operation to give an accurate reading, but on two occasions or `cycles', the accused could only give one breath sample and the machine closed down automatically on each occasion and had to be restarted by Garda Mahon. Under the regulations, Garda Mahon said he gave the accused three opportunities to provide two samples of breath in one cycle of the machine but the accused did not comply. Defence solicitor Michael Molloy argued that his client had tried to comply and had given one sample of breath on two of the cycles. He said the reading given by the machine on both occasions could be used as an accurate reading and while that reading was not given to the court, it would have carried just a one-year disqualification instead of the mandatory two-year term, for refusal or failure to give a sample. Keating gave evidence that he was very nervous on the night and could not give a second breath sample for that reason. He also claimed in evidence that Garda Mahon had been present when he was served with a summons for drunken driving and another for careless driving and that the garda had handed one of the summons to him. Inspector Marie Skehill said the accused was telling lies under oath and that was a very serious offence. She said Garda Kelly had served the summonses on the accused and that Garda Mahon, while present in the Garda patrol car at the time, had nothing to do with service. He knew well that he could have nothing to do with service as it was prohibited by law, she said. Keating denied this and said Garda Mahon had served one of the summonses on him but he could not say which one. Convicting the accused Judge Conal Gibbons said he had heard Garda Mahon give his evidence, which showed competence and skill, and he didn't strike him as a stupid Garda who would serve a summons in which he was the complainant. The judge said an investigating garda is forbidden by law to serve a summons and in this instance, the judge said, he was satisfied Garda Mahon had not served the summons. He said he was absolutely satisfied it was Garda Kelly, who had signed a declaration of service. He postponed the start of the disqualification to December 1 and fixed recognisance in the event of an appeal.

Remand in custody for man charged with spate of offences
A 27-years-old Innishannagh man has been remanded in custody following his appearance before Galway District Court this week in connection with a number of offences. Paul McDonagh, no fixed abode and formerly of 60 Innishannagh Park, Newcastle, Galway, is charged with two counts of burglary, which are alleged to have occurred at Shantalla Road, and St Jude's Avenue, Snipe Lawn, Newcastle in May of this year and November, 2003, respectively; with the robbery of a woman's handbag, from a video store in Newcastle last November and with being drunk in public on Saturday night last, and with failing to appear at a court sitting in June. Inspector Marie Skehill said the accused had no permanent address and she applied to have him remanded in custody for one week. Judge Conal Gibbons remanded McDonagh in custody to appear before Harristown District Court this Friday November 5.