Galway Advertiser 2005/2005_03_24/GA_2403_E1_026.pdf 

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26

N E W S

IN THE COURTS

March 24 2005

Prison and fifteen-year driving ban for repeat offender
A Ballybane man who has numerous convictions for driving without insurance and drunken driving was sentenced to 10 months in prison and disqualified from driving for 15 years this week. Martin McDonagh (44), 19 Sliabh Rua, Ballybane, Galway, who is currently serving a 12-month sentence for other offences, pleaded guilty at Galway District Court to a spate of road traffic offences, some of which go back to 2001 and 2002 and which include two charges of drunken driving, three charges of driving without insurance and related summons for not having a driving licence or car tax. Inspector Marie Skehill said bench warrants had to be issued for McDonagh's arrest when he failed to turn up in court in recent years to face the old charges. She said one set of the drunken driving and no insurance charges went back to 2001 and while the facts had been heard and the matter adjourned to July, 2002, for a probation report, McDonagh had failed to come to court. He was again charged in February 2002, with drunken driving and not having insurance, and again he failed to turn up in court. The accused was disqualified from driving when stopped by Sergeant Brendan Moore in September 2003, and he was subsequently charged with drunken driving and not having insurance, driving licence or tax displayed. Inspector Skehill said McDonagh had indicated he was pleading guilty to the more recent charges relating to driving without insurance or a driving licence but he failed to turn up in court when those charges were dealt with. Bench warrants issued for his arrest had been executed on March 9, she said, and McDonagh had been in custody since that date. The accused, she said, has 15 previous convictions for driving without insurance and seven convictions for drunken driving. Defence solicitor Valerie Corcoran said her client had been in court on three occasions in 2003 and the old charges were not dealt with then. She said he was a chronic alcoholic. Judge Mary Fahy said it was beyond her that a probation report would be sought - not once, but twice - for a drink driving case, which has to be dealt with in a mandatory way in any event. She sentenced McDonagh to a total of 10 months in prison which is to be served on the termination of his current sentence. She also banned him from driving for 15 years and fixed recognisance in the event of an appeal.

Man grabbed sergeant's jacket to prevent friend's arrest
Grabbing a garda sergeant's jacket as he tried to run after someone cost a young man 200 for obstruction at Galway District Court this week. Michael Tierney, 114 Castle Park, Ballybane, Galway, and Clifden, pleaded guilty to obstructing Sergeant Willie Beirne on July 13 last year in Galway city, as the Sergeant tried to run after one of Tierney's friends whom he was in the process of arresting. Inspector Marie Skehill said Sergeant Beirne had arrested the other young man but while they were waiting for the patrol car to arrive, the youth made a run for it. Tierney then grabbed and held onto the sergeant's jacket to prevent him from running after his friend. Defence solicitor Sean Acton said Tierney's friend was drunk and his client was trying to bring him home at the time. Tierney, he said, had tried to grab his friend but, unfortunately, he grabbed the sergeant's jacket instead. Mr Acton said Tierney was from Clifden and he was now doing a carpentry course at Letterfrack and had no previous convictions. Judge Mary Fahy convicted and fined the accused 200.

Suspended sentence for labourer who drove while already disqualified
A labourer who rear ended a car at the notorious Headford Road roundabout at Terryland, Galway, and then fled the scene, was given a suspended sentence and fined a total of 1200, when he appeared before Galway District Court this week. Kevin Lally (29), 44 Linn Bui, Rahoon, Galway, must have felt lucky to escape with a suspended sentence as his solicitor, Adrian MacLynn indicated his client, who had been disqualified from driving at the time of the accident, had fully expected to be going to prison. Inspector Marie Skehill said the accident happened at 7.30pm on November 5 last and while Lally fled the scene the injured party managed to get his registration number. Lally later admitted his involvement and said he didn't have insurance or a driving licence. Inspector Skehill said the accused had been disqualified for 12 months last September for driving without insurance. Mr MacLynn said his client had paid 500 in compensation to the injured party. He said Lally was normally law-abiding except when it came to road traffic offences but he assured the judge his client was now cycling a bike. Mr MacLynn intimated his client fully expected a custodial sentence but he asked Judge Mary Fahy not to impose one. The judge warned Lally he was on a `sticky wicket' and she told him not to drive while disqualified again. She then fined him 600 for not having insurance on this occasion, plus five months in prison, suspended for two years on condition he not reoffend during that time. The judge fined him a further 200 for failing to produce insurance, 100 for not having a driving licence, and 300 for failing to stop at the scene.

Bail remand for man charged with city rape
A 24-years-old man who is charged with rape has been remanded on continuing bail following his appearance before Galway District Court this week. The man, who cannot be named for legal reasons, is charged with raping a female at his address in Galway city on March 7 last. Judge Mary Fahy remanded him on continuing bail to appear before the court again on May 23 for the preparation of a book of evidence in the matter.

Clamping con man given more time to pay compensation
A con man who tricked businesses out of various amounts of cash by claiming he needed money to have his car unclamped, faced two new charges of fraud when he reappeared with some compensation at Galway District Court this week. John Reddington (35), a native of Ballina Road, Swinford, Co Mayo, pleaded guilty to 12 counts of fraud, which occurred at various business premises in Galway city between 2002 and last January, when he first came before the court last month. Inspector Marie Skehill said no complaints had been made at the time but gardai became aware of the scam when it was highlighted in a front page article of The Galway Advertiser last November. The accused, she said, got money mostly from auctioneers' offices. Following media coverage of the court case last last month two additional charges of fraud were preferred against the accused this week. Reddington had conned people out of a total of 610 but he availed of a chance Judge Mary Fahy gave him last month to repay the money when he came to court this week with 670 in compensation. Inspector Skehill said two new charges had come to light in the intervening period and the outstanding balance of compensation was now 750, she said. Defence solicitor Sean Acton said the new charges related to two offences which had occurred around the same time as the other offences and before his client's last court appearance. Judge Fahy remanded Reddington on continuing bail to April 27, to pay the balance of compensation.

Go home - judge advises man who stole shoes for job interview
A 19-years-old Mayo man who bought a suit in Dunnes Stores to attend a job interview, but had to steal a matching pair of shoes because he could not afford to pay for them, was given the benefit of the Probation Act and advised to go home to his parents when he appeared before Galway District Court this week. Martin Walsh (19), from Turloughmore, The Neale, Co Mayo, pleaded guilty to stealing the 45 worth shoes from Dunnes on November 9 last year. He did land the job - as a door-todoor salesman, only to find out afterwards that he was paid on commission only and was not earning enough to survive in Galway. Garda Pat Foley said that he was called to Dunnes Stores where security staff had observed Walsh putting on a pair of shoes and leaving his old pair back on the shelf. Defence solicitor Olivia Traynor said her client had come to Galway to look for work and ended up wearing a pair of runners to the job interview. She said he got the job but left it in January because he was making no money. Walsh, she said, was determined to find a job in Galway. "What are you trained to do?" Judge Fahy asked the accused. He admitted he had no training at all. Judge Fahy said she believed Walsh would not be coming before the court again. "He was trying to better himself... Dunnes Stores better value," the judge joked before applying the Probation Act. She then advised Walsh go to home to his parents because he was in a precarious position in Galway and to train in something. Otherwise, she told him, he would always be in low paid employment.

Bench warrant issued for obscene phone message sender
A bench warrant has been issued for the arrest of a Co Longford man who is charged with sending an obscene phone message to a woman in Galway city, after he failed to appear before Galway District Court this week. Ian Bissett, a native of Fostra, Aughnacliffe, Co Longford, is charged with sending the message to the woman on May 16 last year, from a house in Tirellan Heights, Headford Road, Galway, contrary to Section 7 of the Postal and Telecommunications Services (Amendment) Act, 1999. The accused had failed to appear before the same court on February 21 last. A medical report was handed into court on that date and at the time Judge Mary Fahy agreed to adjourn the matter to this week to give Bissett a chance to come to court. Inspector Marie Skehill said prosecuting Garda Mark O'Sullivan had contacted Bissett's mother who indicated her son would not be in court this week. Judge Fahy issued a bench warrant for his arrest.