Galway Advertiser 2005/2005_04_14/GA_1404_E1_026.pdf 

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26

N E W S

IN THE COURTS

April 14 2005

Salesman given time to pay 5,000 for headbutting ex's new man
Headbutting his ex-girlfriend's new boyfriend into the face will cost a salesman at least 5,000 - and possibly more, Galway District Court was told this week. John Clinton, a native of Ahascragh, Ballinasloe, pleaded guilty to head butting the other man at his former girlfriend's house at Corrach Bui, Rahoon, on December 29, 2003. The injured Irishman told the court that he had to receive surgery to his face following the attack and had been left with a permanent scar. He said he had to take time off work and had to travel back and forth from Eastern Europe, where he works, to receive treatment and attend the court. He had no medical costs because he had been treated as a public patient, he informed the court. Defence solicitor, Jarlath McInerney explained that his client had been in a steady relationship with a single mother and was particularly close to her child. He became very upset when they split up because he knew he would not be able to see the child. Clinton, the court heard, had seen his ex at a nightclub with the injured party and he followed them back to her house. She asked Clinton to leave after an argument started but he refused. When the injured party intervened, Clinton suddenly head butted him into the face. Judge Mary Fahy said headbutts were totally unacceptable and could cause horrific injuries. She said it was unfortunate that the injured man was left with a visible and permanent scar as a result of this attack. Mr McInerney said his client was as surprised as anyone else at the damage the headbutt had caused even though it was a glancing blow. Judge Fahy said the injured man required surgery after the attack and that alone had been a risk. The attack, she said, had been totally unjustified. Judge Fahy said 5,000 in compensation should cover the injured man's travel costs and inconvenience. The man said he had consulted a solicitor, indicating that a separate civil claim may be brought against the accused. Judge Fahy said that was a matter for another court. She adjourned the assault charge before her court to July 11, to give Clinton time to come up the 5,000.

Youth abusive to gardai sent to disperse crowd
A Moycullen youth who continued to verbally abuse gardai as they tried to break up a crowd of young people in Barna village, was fined a total of 300 at Galway District Court this week. Chris Crehan (19), Bord na Coiribe, Moycullen, pleaded guilty to being drunk in public and to failing to leave the area when directed to do so by a garda, at Barna village, on November 1 last year. Inspector Pat McHugh told the court that a large group of young people had congregated in the village at around 2.30 that morning. The accused was heard shouting obscenities at gardai who arrived in a patrol car. He was very drunk and aggressive when asked to leave the area. He gave a number of false names and insisted that he would have gone home a long time ago but the gardai had kept him talking. Crehan apologised for his behaviour on the night. He told Judge Mary Fahy he had been recently made unemployed. The judge told him to be more careful in future, before fining him a total of 300.

Leniency for woman who stole sleeping tablets from hospital
A nurses' assistant who took a large quantity of sleeping tablets for her own use because she had difficulty sleeping after being moved between day and nightshifts, was given the benefit of the Probation Act at Galway District Court this week. Bridie Forde (42), 77 Corrach Bui, Rahoon, Galway, pleaded guilty at the same court in February to stealing over 1,000 sleeping tablets, while working on a hospital ward at UCHG on various dates between June 1, 2003 and May 14, 2004. She also admitted forging two prescriptions at pharmacies in Galway city during the same period. Fears that she would not be able to sleep after her work rota began to vary between irregular day and night shifts had led the accused to take the sleeping tablets in large amounts from the hospital for her own use. The matter had been adjourned until this week for the preparation of a probation report. Reading the report which had been prepared by court probation officer, Mr Pat Egan, Judge Mary Fahy observed that Ms Forde was participating in counselling sessions and was still employed by the Health Executive, although in a different area. Applying the Probation Act Judge Fahy said the accused had no previous convictions and it was unlikely she would reoffend. The court had heard in February that the hospital had put new safety measures in place to ensure staff do not have easy access to drugs in future.

Drinking `concoctions' in nightclub led to man's bad behaviour
A 31-years-old man who stuck his two fingers up as a Garda patrol car pulled alongside him, was fined a total of 400 when he appeared before Galway District Court. Enda Carney, 35 The Long Walk, Galway, pleaded guilty to being drunk in public and to refusing to give his name and address following his arrest by Garda Brian Mulderrig at Shop Street, Galway, on March 30 last. Garda Mulderrig said he noticed the accused at around 2am and when the patrol car pulled alongside him, Carney made a gesture with two fingers. Garda Mulderrig arrested him and when charged with refusing to give his name, Carney replied, "Good night, God bless and hello." Defence solicitor, Olivia Traynor said her client had been drinking various concoctions in a nightclub and following a dispute with his girlfriend, had left to walk home. He was intoxicated and upset at the time and was now totally disgusted with his behaviour towards Garda Mulderrig. He did not want to give his name or address at the time so as not to bring his girlfriend into disrepute, Ms Traynor explained. Judge Mary Fahy said she accepted it was out of character before fining Carney 300 for refusing to give his name and address and 100 for being drunk in public.

ESB engineer was abusive to garda over parking ticket
An ESB engineer apologised in open court this week for the way he treated a garda who went to issue a ticket after he parked illegally at a traffic island in Salthill. Niall Lynch, 2 Garryowen Lane, Kingston, Salthill, Galway, pleaded guilty to failing to comply with the directions of Garda Bernice McGovern after she observed him illegally parked for more than 15 minutes on the island in the middle of the road at Upper Salthill, on November 2 last year. Garda McGovern said Lynch shouted at her to put the ticket away and that he was moving the car. He attempted to drive off but she told him she was writing a ticket and to stay there. "He told me I was pathetic, was wasting Government time and was totally in the wrong. He again attempted to drive off as I was writing the ticket," Garda McGovern told Judge Mary Fahy. Garda McGovern said people came out of nearby premises to see what was going on. Lynch refused to give her his name and address at first but then complied. She asked for his driving licence and he told her she had no right to ask for it. "He was very abusive and aggressive. He attempted to get witnesses to say he was not parked there for over 15 minutes," the garda said of the accused. She directed him to move his car but as she got into the Garda patrol car and looked in her rear view mirror, she noticed Lynch getting out of his car which was still illegally parked. She again asked him to move the car but he told her there was no point because the ticket had already issued. Garda McGovern warned him that she would have the car towed away and his attitude changed then, she said. He apologised for his behaviour and admitted his driving licence had expired but he had applied for a new one. The garda said Lynch has since apologised to her on a number of occasions and had written a letter of apology as well. She explained that Lynch had parked on a break in the traffic island which is there for the use of vehicles in an emergency situation if they have to make a sudden u-turn on the road. Lynch said he wished to apologise in open court for his behaviour on the day and said he could only account for it by the fact that he thought the ticket was unjustified because he was parked there for less than 15 minutes. He said it was never his intention to create an obstruction. Judge Fahy said there was an underlying suspicion that if this had been a male garda, Lynch would have treated him differently. Fining Lynch 300, the judge said she would not impose a disqualification because the accused had no previous convictions and had apologised.

Headford youth escapes ban while driving without insurance
A 21-years-old Headford man escaped a driving disqualification when Judge Mary Fahy accepted that he genuinely thought he was insured to drive a car when he was not. Kenneth Ketterick, Killcoona, Headford, pleaded guilty to driving without insurance when stopped by Sergeant Willie Beirne at Eyre Square, Galway, on August 8 last year. Defence solicitor, Sean Acton, said his client was a named driver on an insurance policy and was covered by insurance to drive another car. However, when he went to pick up a friend who was stranded on the night he was stopped, he genuinely thought he was insured to drive the car he was driving. Mr Acton said his client works in Galway city and he asked the judge not to disqualify him. Sergeant Beirne accepted that Ketterick may have made an error in thinking he was insured to drive that particular car. Judge Fahy agreed not to impose a disqualification and she fined Ketterick 300.