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Galway Advertiser 2005/2005_09_15/GA_1509_E1_026.pdf
26
N E W S
IN THE COURTS
Date
Superbowl final earns city publican conviction for after hours drinking
A Galway publican who allowed 150 of his appreciative American customers to watch the Superbowl into the early hours of the morning was convicted this week of a breach of the licensing laws. Cathal Garvey, Ballagh, Bushypark, who owns Garvey's, at Eyre Square, Galway, pleaded guilty to permitting the consumption of liquor on his premises after hours on February 7 last. Inspector Tony O'Donnell said gardai found 150 people on the premises at 3.30am. They were all watching a match on television, and otherwise it was peaceful and orderly, he said. Defence solicitor, Kevin Rooney said his client runs a Bord Failte approved hotel and had a lot of American tourists staying there at the time. There was a Superbowl final on that night, which started at 10.30 pm Irish time and ran for four hours. The bar, he said, was closed since 11.30pm and while most of the people there were guests, someone had gone out and left a door open which allowed other people in. No drink was being served and it was not a drinking session, Mr Rooney said. The inspector agreed with this, adding that everyone was having a good time and the licensee cooperated in clearing the premises. Judge Mary Fahy convicted and fined the licensee 100 on hearing he had no previous convictions and was known to have a well-run premises normally.
Englishman granted bail on serious assault charge
A Englishman living in Galway for the last two years is to be sent forward for trial to the Circuit Criminal Court charged with assault. Colm Butler Trill, with addresses in Riverside View, Tuam Road, Galway, and Sycamore Court, Renmore, is charged with assaulting another man at a house in Riverside View, on August 21 last, causing him harm. Garda Linda Cusack gave evidence of arresting and charging the accused on the day of the alleged assault at Galway District Court this week. Inspector Tony O'Donnell applied for an adjournment to await the DPP's direction in the matter. He said the State had no objection to bail providing conditions were attached. Judge Mary Fahy remanded the accused on continuing bail to appear before the court again on November 23, on condition that he sign on every Friday at Galway Garda Station and that his passport remain in Garda custody.
Sword-wielding Ballybane brickie pays 1000 compensation to publican
A Ballybane block layer has paid 1000 in compensation to a publican for damage he caused at his premises while brandishing a baseball bat and sword. Alan Curley, 137 Rahylin Glebe, Ballybane, had pleaded guilty at an earlier sitting of Galway District Court to being in possession of the sword and baseball bat at Ballybane, on February 10 last. He also pleaded guilty to being in possession of the articles with intent to cause damage to the Lantern Inn, Ballybane and to causing criminal damage to the premises on the same date. Curley also admitted being drunk and a danger to himself and others at Clareview Park on the same occasion. Defence solicitor, Sean Acton said the facts of the case had been heard some time ago and he reminded Judge Mary Fahy that she had said at the time that if Curley paid 1,000 in compensation to Enda Hosty at the pub, she would deal with the matter leniently. Mr Acton said his client's brother had gone to Mr Hosty with the money and had been given a receipt and told that the accused was barred from the premises for a year. Inspector Tony O'Donnell said gardai had made several attempts to contact Mr Hosty on the morning of the court to verify the authenticity of the receipt but could not make contact. Mr Acton said the wording of the receipt was "so miserable" it had to be authentic and he said two phone numbers given on the slip of paper were Mr Hosty's. Judge Fahy said she believed Curley had paid the compensation and if the Gardai found out otherwise she would give them liberty to re-enter the case and she would deal with the accused accordingly. The judge convicted and fined Curley 250 for causing criminal damage to a security camera at the pub and she took the other charges into account.
Clarenbridge Man lost more than electrician's choice his wallet when he of drink over dessert didn't stop for garda costs him 300
A Clarenbridge electrician who didn't think much of a ice-cream he was observed throwing away on the street, will avoid a conviction for Public Order offences if he pays 300 to COPE, the housing agency for the homeless. Pat Morrissey (23), Stradbally, Clarenbridge, pleaded guilty this week at Galway District Court to breaching the peace and being drunk in public at 3.50am in Eyre Square on August 22 last. Garda Nicola Browne gave evidence that she observed the accused, who had ice-cream on his clothing, throw an ice-cream on the street. People complained to her about him and when she went to speak with him she got a strong smell of alcohol from his breath. Defence solicitor, Adrian MacLynn, said his client had been drinking earlier that evening. He was standing outside Supermac's later on and became a little bit "exuberant." He began to act foolishly which attracted the attention of the garda. Hearing the Morrissey was a electrician, Judge Mary Fahy told him he was getting well paid. "No," came the reply. "You're paid well enough to be throwing ice-cream around the place," the judge retorted. She decided to give Morrissey a chance because he had no previous convictions and was gainfully employed. The judge gave him one week to contribute 300 to COPE and if that was done by next Monday's court sitting, she indicated she would not apply the Probation Act. A uninsured and speeding motorist was banned from driving for two years and fined a total of 750 in court this week after he failed to stop for a garda while on his way to retrieve his wallet which he had left on a toy machine at Oranmore shopping centre. Richard Dowling (38), 44 Maigh Riocaird, Highfield Road, Galway, pleaded guilty to failing to stop for Garda Joe Collins at Gurraune South, Oranmore, on September 7 last year. He also admitted not having insurance or a driving licence on the same date. Garda Collins told the court that he detected the accused travelling at 98 mph in a 60-mph zone on the dual carriage way near Oranmore. The garda said he realised that as Dowling approached him he had no intention of stopping and the garda had to get out of his way. He spoke to Dowling the next day and he admitted the offences.
Detention for Rahoon youth caught interfering with car
A Rahoon youth who was observed by a garda interfering with a car was sentenced to four months' detention at Galway District Court yesterday. Tom McDonagh(19), 32 Droim Chaoin, Rahoon, Galway, pleaded guilty to interfering with the car, which was parked at Fr Griffin Road, on May 6 last. He also admitted having a screwdriver in his possession at the time. Garda Paul O'Donoghue told the court he observed the accused interfering with the car and the door was warped as a result. As he approached the scene McDonagh ran away, throwing the screwdriver from him but he was arrested a short distance away. Defence solicitor, Jarleth McInerney said his client was currently serving a 19-month sentence for other offences and he asked Judge Mary Fahy not to add to that. He said there were other people at the scene and some of them were older and more involved than his client. Judge Fahy sentenced McDonagh to three months' detention for interfering with the car and a further month's detention for having the screwdriver in his possession.
Defence solicitor, Adrian MacLynn said Dowling was a single father who had been driving his girlfriend's car on the date in question. He said that had Dowling recognised the garda he would have stopped but he thought he had been directing someone else to stop at the time. Judge Mary Fahy said Dowling knew well he should have stopped and she said the fact he was speeding at the time made it even more serious. She convicted and fined him 300 for not having insurance and disqualified him from driving for 12 months. She fined him 250 for failing to stop for Garda Collins and imposed a consecutive 12-month disqualification. Further fines totalling 200 were imposed for not having a driving licence and for speeding. Recognisances were fixed in the event of an appeal.