Galway Advertiser 2004/2004_09_30/GA_3009_E1_026.pdf 

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26 N E W S

IN THE COURTS

September 30 2004

Tuam men charged with rape granted bail
Two men in their twenties appeared before Galway District Court this week charged with the rape of a young woman in Tuam town last January. The men, one of whom is married, cannot be identified for legal reasons. Both were arrested early Monday morning in Tuam and charged with raping the woman at St Mary's Cathedral, High Street, Tuam, on January 15 last. Inspector Derek Gannon said that given the seriousness of the charge he would be looking for substantial independent bail sureties of 3,000 for each of the accused, with a cash lodgement of 1,000 and that they sign on once a week at Tuam Garda Station and have not contact with the alleged injured party or her family. Defence solicitor, Sean Acton said the mother of one accused and the father of the other were acceptable independent bail sureties. Judge Mary Fahy remanded both men on bail on their own sureties of 500 and independent sureties of 3,000 each - one third to be lodged in court in cash - to appear before Tuam District Court again this Friday, October 1.

Factory worker paid for car damage to avoid prison
A man who kicked a parked car for no reason causing extensive damage to the bodywork, and was given one week to pay compensation or else go to prison, paid the cost of the damage in full at Galway District Court this week. Brian Walsh, Mincloon, Rahoon, caused 796 worth of damage to the car which was parked outside a pub in Salthill where he had been drinking on June 26 last. He appeared in court a week ago where Judge Mary Fahy gave him seven days to pay for the damage in full or else she would impose a prison sentence. Walsh had arrived in court last week with just 200 compensation for the damage he caused and Judge Mary Fahy said she was not impressed. She warned Walsh he was looking at a prison sentence if he didn't pay up. In court this week, defence solicitor, Valerie Corcoran said her client had paid the balance of the compensation into court. Judge Mary Fahy then fined him 250 for causing the criminal damage, 200 for breaching the peace and 100 for being drunk on the night in question.

Recently married man drove without insurance
A motorist panicked and gave a false name and address when stopped by a garda because he didn't have insurance. Luck Brodericks, Dun Gibbons Inn, Westport Road, Clifden, pleaded guilty to the offences which were detected by Garda Gerry Sweeney at Doughiska Road, Galway, on March 13 last. Garda Sweeney said he was not happy with the name first proffered by the accused when he stopped him. He said Brodericks was an asylum seeker and had no previous convictions. Defence solicitor, Valerie Corcoran, said her client was a refugee who has been in Ireland for three years. He panicked when asked for his name and address but he later took the garda to his house and showed him his identity papers. He had recently married and didn't have much money, Ms Corcoran added. Judge Mary Fahy convicted and fined the accused 300 for not having insurance and disqualified him from driving for one year. Further penalties of 100 for failing to produce insurance and 100 for giving a false name were also imposed.

`Swaggering' Chechen found with false discs gets 20 months in prison
A Chechen national was sentenced to 20 months in prison this week for being in possession of false insurance, tax and driving licence documentation when stopped by a garda on two separate occasions. Imposing the sentence, Judge Mary Fahy said she wanted to send out a message that these were serious offences which would not be tolerated by the courts. The judge also commended prosecuting Garda Ronan Mahon's investigative work which led to the man's arrest. Adirza Nasobov (23), with an address at Brookville Hotel, Bunbeg, Co Donegal, admitted he was driving a car on September 15 last when he was stopped by Garda Ronan Mahon, at Clybaun Road, Galway, but he denied he was driving another car which the same garda stopped on August 3, at Sandy Road, Galway. Garda Mahon was adamant he had stopped the accused on both occasions and both cars had been seized because they were not insured at the time. Garda Mahon said he contacted the insurance companies involved and Galway Motor Tax Office to check the validity of the tax and insurance discs he had taken off the windscreens of both cars and was told they were all imitations. Nasobov, the court heard, produced an expertly made false driving licence, which had his photograph with a false Swedish name attached. The accused also produced a false utility bill with false name and address to the garda in a bid to prove his false identity. The number he gave as his address in Claremont Park did not exist, Garda Mahon said. On the second occasion he was stopped, Nasobov tried to run away when Garda Mahon informed him he had scanned the insurance and tax discs in the garda patrol car using ultraviolet light and they were false. Both Garda Mahon, assisted by Garda Ronan McNulty, gave chase and caught the accused. He has been held in custody since his arrest on September 15 so that his true identity could be traced through Interpol. In court this week, Nasobov denied he was driving the car stopped on September 15 and claimed he had been at a christening in Dublin at the time. Defence solicitor, Benen Fahy said his client has been granted asylum in Ireland and has a Green Card which entitles him to be in the country. He had bought the car in August and was told the insurance and tax were in order. Passing sentences totalling 20 months on all of the charges before the court, Judge Fahy said the fact that this man was going around with false documents, and even a false utility bill, said a lot about security measures in this country. Commending Garda Mahon for his work, the judge said it was a disgrace really that he should have had to go to such lengths to ascertain the validity of the documents at all. Referring to the accused, she said he walked with a slight swagger as if to suggest that the charges before the court were `no problem.' "Well I'm going to send out a message now that they are," the judge said before passing sentence. The accused wished to appeal the sentence and he and his friend took up recognisance , which was fixed in the event of an appeal on Nasobov's own surety of 3,000 and an independent surety of 3,000, one third of each to be lodged in cash in court and on condition he surrender his passport.

Student's prank earns him conviction for public order offence
A first year student at NUIG who pushed his friend out in front of a garda patrol car was advised to behave himself in future when he appeared before Galway District Court. Mel Donnellan, from Lanesboro, Co Longford, wasn't long in Galway when he got into party mood, drank too much and found himself on the wrong side of the law on September 13 last. Garda Shane Igoe said he was driving the patrol car along High Street, Galway, at 11.45pm when he saw a couple of youths approaching. Just as the car was passing them by, Donnellan pushed the other youth out in front of it. Garda Igoe stopped the car and arrested the accused for being drunk and a danger to himself and others in a public place. Donnellan apologised for his behaviour in court and said he had just started his first year in college. Judge Mary Fahy remarked it wasn't a very good start and she warned him to be more careful in future before fining him 100.

Further prison sentence for man who cannot pay fines
A 37-years-old chronic alcoholic who is currently serving eight months in prison for creating disturbances in a city centre restaurant during the height of the tourist season, was convicted this week of driving without insurance and fined 560. Patrick Mongan, 7 Sliabh Rua, Ballybane, Galway, pleaded guilty to driving without insurance or a driving licence on March 27 last at Dublin Road, Galway, and to not wearing a seat belt at the time. Defence solicitor, Valerie Corcoran, said her client was currently serving an eight-month sentence imposed earlier this month and had no money to pay any fines the court might impose. Judge Mary Fahy fined Mongan 300 for driving without insurance, 100 for failing to produce insurance, 100 for not having a driving licence and 65 for not wearing a seat belt. She said the fines were to be paid in court and imposed a total of 33 days imprisonment in default.

Ballybane passenger got worked up when gardai arrested driver
A 25-years-old Ballybane man tried to obstruct gardai as they attempted to arrest the driver of a car whom they suspected was drunk. Alan Curley, 137 Rahylin Glebe, Ballybane, admitted before Galway District Court this week that he had acted foolishly and was sorry for his behaviour during the incident which occurred on July 11 last at Castle Park, Ballybane. Garda Gerry Sweeney said Curly was a passenger in the car whose driver was being arrested on suspicion of drunken driving. Curley became very `worked up' and abusive. He had to be restrained by two gardai. He was very apologetic afterwards and this was accepted, the garda added. Fining Curley 300, Judge Mary Fahy told him his loyalty had been displaced and it had been none of his business getting involved. The gardai, she said, have a duty to carry out their work without interference.