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Galway Advertiser 2005/2005_02_03/GA_0302_E1_026.pdf
26 N E W S
IN THE COURTS
February 3 2005
Heavily pregnant shoplifter ran through city chased by security staff, court told
A heavily pregnant African woman stole clothes from Dunnes Store in Edward Square Shopping Centre, ran through Eyre Square, out College Road and got as far as Lough Atalia Road before security staff eventually caught up with her. Then, just two weeks after her baby was born last December, Precious Ofili (29), 30 Dunabhan, Roscam, went into Tesco's, at Galway Shopping Centre, and stole three bottles of vodka and 48 cans of Heineken, worth 173. Galway Galway District Court heard yesterday that the mother of three had one previous conviction for shoplifting (for which she had been fined 100), and four others for motoring offences, including driving without insurance. Inspector Noel Kelly told the court that the accused was first arrested for stealing 45 worth of clothing from Dunnes, following the chase which ended at Lough Atalia Road, on September 9 last year. She was again arrested on December 23 last for the shop lifting offence in Tesco's. Defence solicitor, Noel Rhattigan, said his client was married with three children, aged three, one and the baby, which was born in early December. He said she and her husband had been given refugee status in Ireland and while she had completed a computer course and he had done a FAS welding course, neither had, as yet, secured employment. When Ofili was arrested on September 9, it was discovered she had not paid fines in relation to her motoring offences and on September 23, she was taken to Mountjoy Prison where she promptly handed over 700 to discharge the fines. Mr Rhattigan said his client thought that once she had paid this money it would cover the September 9 shop lifting charge. "She didn't appreciate the consequences of her actions because she had been dealt with so leniently with the first fine," he explained. Judge Mary Fahy said Ofili was out filling a trolley with a lot of drink two weeks after having a baby. "If she is able to do that after giving birth, she will be able to repay her debt to society and carry out community service," the judge said. She adjourned both shop lifting charges to March 14 to await the findings of a community service report from the probation service and indicated that if the accused was deemed suitable to carry out community service she would impose 130 hours of service on each charge, to run concurrently, in lieu of a three-month prison sentence.
Carpenter rear-ended car on dual carriageway
A 25-years-old self-employed carpenter who rear-ended a car on a dual carriageway had a charge of careless driving reduced to that of driving without reasonable consideration for other road users, at Galway District Court this week. Paul Martin, Kilmore Cottage, Carrowphadeen, Lecarrow, Roscommon, pleaded guilty to the lesser charge following the accident which occurred at 7.20 p.m. on July 29 last at Bothar na dTreabh, near the entrance to Ballybrit racecourse. Defence solicitor, Sean Acton, said there was no speed involved and his client was fully insured. Judge Mary Fahy agreed to substitute the lesser charge for the more serious one - which carries a mandatory endorsement - when inspector Noel Kelly indicated the Gardai had no objection. She convicted and fined Martin 150.
Uncle thought nephew was insured to drive his car
A Castlegar man who let his nephew drive his car, in the mistaken belief he was covered by his own insurance policy, paid a high price at Galway District Court this week when he was fined and had his licence endorsed. John Forde, Killoughter, Castlegar, pleaded guilty to allowing his nephew, Alan McMahon (21), 118 Clareview Park, Galway, drive his car without insurance and with not having the car taxed. Garda Ollie Whyte told the court he was called to the scene of a minor traffic accident at Kiltullagh, on August 23 last. Forde, he said, produced insurance to him but it didn't cover his nephew, who was driving at the time. Defence solicitor, Sean Acton, said Forde, who is a farmer, should have been driving himself on the date in question but he had thought his nephew was insured to drive the car under his insurance policy. However, he was mistaken because the younger man who was only 21, - and not 25-, was not covered on Forde's insurance policy. Judge Mary Fahy said she would not disqualify Forde from driving because he was insured himself and had no previous convictions. She fined him 300, for allowing McMahon to drive his car without insurance, endorsed his licence and imposed a further 120 for not having tax displayed on the car. McMahon, the court was told, was in England but wished to plead to the charges. In his absence the judge convicted and fined him of driving without insurance, fined him 300 and disqualified him from driving for 12 months. She also fined him 100 for failing to produce insurance to the garda and 100 for not having a driving licence.
`Get a job' judge advises Renmore man
A Renmore man who said he doesn't want a `9 to 5' job was advised to get exactly that by Judge Mary Fahy this week as she ordered him to carry out 80 hours of service to the community in lieu of a prison sentence for Public Order offences. Niall Mullen (26), 34 Arbutus Avenue, Renmore, told the court he had just come back from Amsterdam where he admitted he had smoked cannabis. "It's not very good though at this time of the year," he told Judge Fahy. The accused, who pleaded guilty to being drunk and a danger to himself and others at Eyre Square on October 24 and again on January 10 last, and to breaching the peace on the October date, said he had been walking up Eyre Square in jovial mood on January 10 and was drinking from a can of beer when he was arrested. Inspector Noel Kelly informed the court the accused was very intoxicated and was roaring and shouting at the time. He was arrested for his own safety. A bench warrant was already in existence for Mullen's arrest, he said, because he had not shown up in court for the October charges. Judge Mary Fahy asked Mullen why he was in jovial mood when arrested recently. "Because I was in Eyre Square I suppose," he answered. "Looking at the state of Eyre Square at the moment wouldn't put me in jovial mood," the judge replied. Defence solicitor, Adrian MacLynn said his client drank too much but felt he didn't have a drink problem. He said his client lived at home with his parents who both work. He said Mullen had held down various jobs in the past but was now unemployed. The judge said it was time Mullen got a job and he needed a "short, sharp shock" to get him started. "He should get a job. He is generally enjoying himself while his parents are both out working. I can see he will be in and out of court if he does not get his life in order," the judge said. The judge asked Mullen if he would be interested in doing community service. "Yeah, but it's not a nine to five thing, is it?" he asked. Judge Fahy adjourned the charge relating to breaching the peace to March 14 for a community service report. If he is deemed suitable by the probation service, the judge ordered Mullen carry out 80 hours service in lieu of one month in prison. She adjourned the remaining charges to that date to await a probation report.
Stickyfingered Spanish student fined 100
A Spanish student who came to Ireland to learn English for a year, was captured on CCTV stealing a fleece jacket. Oriol Camprubi, No 1 Keane's Apartments, St Enda's Road, Newcastle, Galway, was just in Galway a month when he stole a jacket worth 35 from Dunnes Stores on December 13 last. Judge Mary Fahy convicted the accused and fined him 100 which, she said, could be paid out of bails money he had already lodged in court.
Car wash owner convicted of drink driving
The proprietor of a car wash business failed to keep his driving record clean when convicted of drunken driving this week at Galway District Court. Tom O'Sullivan (36), Ardrahan, Co Galway, pleaded guilty to the offence which was detected by Garda Sean McCole at Dublin Road, Galway, at 1.20 am on May 31 last year. Inspector Noel Kelly said the Gardai received a phone call that a person who appeared to be drunk at at the wheel of a black BMW in the Renmore area. Garda McCole went to investigate the complaint and arrested O'Sullivan. A breath sample taken back at the Garda Station revealed a reading of 75mgs of alcohol per 100 mls. of breath. Defence solicitor Valerie Corcoran said it was out of character for her client. O'Sullivan, she said, owns a car wash business but is about to take up a new job opportunity. Judge Mary Fahy convicted and fined the accused 300 and disqualified him from driving for two years.
Drink does not agree with man who smashed glass panel at night-club
A Ballybrit man was advised by Judge Mary Fahy this week to address his drink problem by going for counselling when he appeared before Galway District Court. David Flannery (26), Doughiska Road, Ballybrit, pleaded guilty to causing criminal damage to a glass panel at the DJ's booth at Cuba nightclub, Eyre Square, on October 16 last and to being drunk and a danger to himself and others on the same occasion. Defence solicitor Adrian MacLynn handed 400 compensation into court on behalf of his client. Mr MacLynn said he had known the accused for many years and while Flannery had problems with drink in the past he had since settled down, was now in a stable relationship, has two children, and is a very good father. The court was told drink does not agree with Flannery and as a consequence he no longer goes out socialising. Judge Fahy said this was not a good idea and Flannery, she said, was not facing up to his difficulties with drink. She said that the next time he went out he could overreact again. She advised him to go to AA and get help. She fined him 200 for damaging the DJ's booth and took the other charge into account.