Galway Advertiser 2005/2005_01_13/GA_1301_E1_026.pdf 

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26

N E W S

IN THE COURTS

January 13 2005

Baseball wielding man jailed for causing `mayhem' at A&E Department
A man who went to the A&E Department at UCHG carrying a baseball bat under his jacket was jailed for seven months this week by Judge Mary Fahy who said his behaviour had caused total and utter mayhem in a place where staff, patients, and their families had enough stress to cope with already. David Joyce (23), 86 Innishannagh Park, Newcastle, Galway, pleaded guilty at Galway District Court to having the baseball bat in his possession at the hospital on September 25 last. In a separate incident, Joyce also admitted having a penknife and cocaine, worth 50, in his possession when searched by Detective Henry Burke on March 19 last year at Carn Ard, Rahoon. Inspector Noel Kelly told this week's court that Garda Adrian MacWalter was investigating the incident at UCHG last September and when he spoke to Joyce he discovered two baseball bats in his car. Garda MacWalter checked video footage taken earlier in the hospital's A&E Department which had captured Joyce coming into the building with a baseball bat under his jacket, accompanied by another person. Joyce, the court heard, had been driving a car around the hospital car park from which two other youths, with whom the court had already dealt, had been hanging out the windows roaring and shouting abuse. Defence solicitor Adrian MacLynn said his client had been in trouble with the law during his teenage years but had not come to Garda attention for the last three years. Joyce, he said, had been told that night by others that his brother had been attacked and he went to the hospital in a "highly charged emotional state" and admitted having the baseball bat under his jacket. Judge Mary Fahy recalled an earlier case where Joyce's coaccused had been dealt with. "Joyce was driving the car and the two others were roaring and shouting abuse out the windows. They caused total and utter mayhem in the hospital which is a highly stressful place to be for staff, sick patients, and their families at the best of times," the judge said. Hearing that Joyce had previous convictions for carrying a knife one month before the March incident, and for other offences including larceny, and public order offences, Judge Fahy said he had been given numerous chances by the court in the past and this was his sixth court appearance. Mr MacLynn said his client had carried the penknife for job purposes, but Judge Fahy discounted this. "If he wants to spend the rest of his life in prison, he can continue to carry a knife," she said. The judge then imposed a fivemonth sentence for the baseball bat incident at the hospital and a further two-month sentence, to run consecutively, for having the knife. A fine of 300 was imposed for possession of cocaine and recognisance was fixed in the event of an appeal.

Christmas party drinks led to bin man's arrest
A drunken bin man got carried away during a pre-Christmas night out and found himself before Galway District Court this week where he was fined 300 for public order offences. Michael Mackey, 10 Munster Avenue, Galway, was arrested by Garda Damien Gormley at 4.45am on December 19 last at William Street, after the garda saw him fighting with two others on the street. Defence solicitor Dan Callanan said his client was very intoxicated on the night because he had gone to another premises after coming from a Christmas party and had very poor recollection of what happened at all on the night. Judge Mary Fahy convicted and fined the accused 200 for breaching the peace and 100 for being drunk in public, observing that he had obviously overindulged on the occasion.

Job on the line for carer found with drugs at Dylan concert
A health board care assistant may lose her job after she was found in possession of amphetamine tablets when searched at the Bob Dylan concert in Salthill last summer. Yvonne O'Connor, (29), from Cloncollig, Tullamore, Co.Offaly, pleaded guilty at Galway District Court this week to being in possession of the drugs following a search by Garda Maria Flaherty on June 27 last at the Dylan concert in Salthill. Garda O'Connor gave evidence the accused had the amphetamines which had a street value of 60 in her handbag. O'Connor said at the time the drugs were for her own use. Defence solicitor Sean Acton said his client would now lose her job. He said she worked with people with disabilities and was employed by the Western Health Board as a care assistant for the last six years. The court heard the accused had bought the drugs the night before in Tullamore. She had not used them and now accepted it had been a totally stupid thing to do. "A conviction will have enormous consequences for her career and life," Mr Acton told Judge Mary Fahy. The judge replied that drugs were a growing problem in the city and she did not want to send out a message that someone who had a responsible job would "get off" like that. She decided to adjourn the case until March 14 and ordered the accused to submit to three random sessions of urine or blood analysis to see if she is drug free. Judge Fahy said she was making no promises but if she thought the consequences of a conviction would far outweigh the offence, she but would consider "going down another road" in March. The judge asked Mr Acton to look up the law to see if the health board had authority to take Ms O'Connor's job away from her, if a relatively minor fine was to be imposed.

Tsunami victims to benefit from youths involved in Eyre Square fracas
had been in the middle of it. Judge Fahy said the Gardai had taken a certain view of the incident and this was reflected in the fact that an additional charge of being drunk in public with which all four had been charged, had been withdrawn. She said this was a group of young people who had too much to drink and there had been fracas like this which had got out of hand in other parts of the country with serious consequences. She said she believed they were not troublemakers and asked all four if they normally went to Supermac's after a night out in the city. They replied they always did. The judge told all four to go and get 200 each and bring it back to court for the relief fund. If they did that no conviction would be recorded against them, she said. Judge Fahy added that the court poor box had collected a lot of money last year and in the coming days she will decide where the money will be spent to help various charitable organisations, including the Asian Relief Fund.

Hefty fines and ban for Gort block layer after drunken driving charge
A Gort block layer felt the full force of the law at Galway District Court this week where he was fined a total of 850 and banned from driving for a year after being convicted of drunken driving while uninsured. Sean Canning (21), 36 The Maples, Gort, pleaded guilty to the offences which were detected by Garda Ronan Mahon on December 19 last at 4.37am at Ballybane, Galway. A sample taken after Canning's arrest showed a reading of 56mgs of alcohol per 100 mls of breath. Canning also failed to produce proof of insurance, tax ,or driving licence within ten days and was also

Four youths, who were charged with breaching the peace following a late-night fracas outside Supermac's in Eyre Square, eagerly availed of an opportunity this week to help the victims of the Asian tsunami by contributing 200 each to the Galway/Sri Lankan Relief Fund in order to avoid a conviction. Mark Callinan, Rathcosgrove, Ardrahan, Gort; Finbarr Forde, Caherdive, Craughwell; Stephen Glynn, Ballyboggin, Athenry; and Derek Kilmartin, Aggard, Craughwell, all pleaded guilty to breaching the peace at 4 am on December 19 outside Supermac's when a bit of name-calling involving Glynn's friend and the rest of the group descended into a fight and prosecuted for that. Defence solicitor Valerie Corcoran said her client had resulted in their arrest by Garda just bought a car and intended to insure it and get a Gerry Murphy. Callinan, Forde, and Kilmartin provisional licence. On the night he was stopped he had difficulty getting a taxi home from town and took a assured Judge Mary Fahy there was no bad blood between them and chance and drove. Judge Mary Fahy convicted and fined Canning 300 for Glynn and they accepted it was his drunken driving and disqualified him from driving for 12 unnamed friend who had started it. Glynn agreed his friend had months. She fined him 300 for not having insurance, 150 for failing to produce his documents, and 100 for started the whole thing which then got out of hand and he admitted he not having a driving licence.

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