Galway Advertiser 2005/2005_07_21/GA_2107_E1_026.pdf 

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26

N E W S

IN THE COURTS

July 21 2005

Amorous friend costs Polish woman 600 in motoring fines
A Polish woman whose jeep collided with a Garda patrol car claimed she had become distracted when a drunken friend she had been driving home made a pass at her, Galway District Court was told this week. Katanzyna Ziolkowska, Balla, Bushypark, Galway, pleaded guilty to drink driving and and driving without insurance or a driving licence following the collision at Laurel Park, Newcastle, Galway, on February 25 last. Inspector Tony O'Donnell said Gardai received reports of a jeep being driven dangerously on Siobhan McKenna Road. A taxi driver followed the jeep and then pointed it out to Garda Paddy McDonnell when he arrived at the scene in Laurel Park. The jeep was parked at the side of the road and as the garda was about to get out of the patrol car to approach the accused the jeep took off and collided with the front of the patrol car. A sample of the accused woman's breath showed a reading of 42mgs of alcohol per 100 mls of breath. Defence solicitor Adrian MacLynn said the woman was leaving a friend home who was very intoxicated. It was not her jeep and while she had some drink taken she knew her friend was very intoxicated and could not drive. Mr MacLynn said the friend "made approaches" to his client in the jeep and this caused her to panic and lose control of the vehicle. Ms Ziolkowska was described as a very honest person who works in a local restaurant and she had paid for the damage to the Garda car. Judge Aeneus McCarthy convicted and fined her 200 for drink driving and disqualified her for three months on the breath/alcohol reading. He fined her 300 for not having insurance and 100 for not having a driving licence.

Rape suspect sent for trial to Central Criminal Court
A 41 years old Limerick city man has been remanded in custody and sent forward for trial charged with the rape and sexual assault of a student in Galway city last September. The man, who may not be named for legal reasons is charged with raping the young woman near Lough Atalia, Galway, on September 30 last year. Judge Aeneus McCarthy refused an application for bail at Galway District Court this week and sent the accused forward for trial to the present sitting of the Central Criminal Court in Dublin. The assault on the young woman on a grassy piece of waste ground used regularly by people taking a shortcut from the city to Renmore, generated a lot of publicity at the time and was reconstructed on RTE's Crime Call programme in a bid to jog people's memory.

Man jailed for having false driving licence
A 27-years-old Romanian who is seeking refugee status in Ireland was jailed for six months at Galway District Court for using a false driving licence with which he managed to get car insurance. Petru Baias, 93 Renmore Park, Renmore, Galway, pleaded guilty to being in possession of the false licence after Garda Ronan Mahon stopped his car on July 24 last year near his home. The accused produced a Belgian driving licence which he purported was his. Garda Mahon told the court he had previous knowledge of the accused, who in the past had produced an Irish driving licence. The garda said the driving licence was a forgery of very good quality. Baias's car had been insured by Hibernian insurance company, Garda Mahon said, but when the company was informed the driving licence was false, it cancelled the policy. Inspector Tony O'Donnell said Baias had two previous convictions for driving without insurance and had been disqualified from driving at the time of this latest offence. He had also been given a suspended four-month prison sentence last year for driving without insurance on the second occasion. Defence solicitor Olivia Traynor said her client had been in Ireland since 2000 and was seeking refugee status here. She said he was under no illusions about the seriousness of the offences before the court given his previous convictions. Judge Aeneus McCarthy said there seemed to be an epidemic of people using false discs in Galway. He said the accused had not taken the chances he was given by the court in the past and she sentenced him to six months in prison for displaying the false disc. The Judge sentenced Baias to a further concurrent three-month sentence for driving without insurance and disqualified him from driving for five years. Recognisances were fixed in the event of an appeal.

Fine and ban for labourer following drink driving conviction
A 39 years old builder's labourer was convicted of drink driving and put off the road for two years when he appeared before Galway District Court this week. Noel Lally, Knockbrack, Athenry, pleaded guilty to the offence which was detected by Garda Gabriel Folan on January 27 last at Frenchfort, Oranmore. A sample taken following his arrest showed a reading of 71mgs of alcohol per 100 mls of breath. Defence solicitor Adrian MacLynn said the loss of his licence would affect his client's job. Judge Aeneus McCarthy convicted and fined Lally 300 and disqualified him from driving for two years.

Fisherman refused drink in one hotel while attending wedding in another
A 34-years-old fisherman and father of one who was refused drink in the bar of one hotel after leaving a wedding in another, was given the benefit of the Probation Act after admitting causing a disturbance during which the Garda had to be called. Christopher O'Leary, 23 Glenmore, College Road, Galway, pleaded guilty to failing to obey the directions of a garda and leave the vicinity of the Skeffington Arms Hotel, Eyre Square, Galway, on July 8 last. Inspector Tony O'Donnell said gardai responded to a call from security staff and they found the accused in a very intoxicated state causing an obstruction at an entrance to the premises. O'Leary, he said, had been refused drink in the Skeff bar and had been asked to leave the premises but he became abusive to security staff and obstructed people leaving and entering the premises. Mr Con Crowley, BL, defending, said his client was a fisherman. He had been at a wedding in the Great Southern Hotel and had decided on a change of venue. He went to the Skeff where he took exception at not being served and for not being given a reason for the refusal. He now accepted he was totally in the wrong, Mr Crowley said. Hearing the accused was sorry for his behaviour and had no previous convictions, Judge Aeneus McCarthy decided to give him a chance and he applied the Probation Act.

Frustrated shopper caused three-car accident doing u-turn
A mother of eight who became frustrated when she was late for the January sales and absentmindedly did a u-turn on the road, causing a three-car crash, was convicted of the offence at Galway District Court this week. Kathleen Conneely (57), Cashlean, Renvyle, Connemara, had been originally charged with careless driving but inspector Tony O'Donnell accepted her plea to the lesser charge of driving without reasonable consideration for other road users when the accident occurred shortly after 9 pm on January 26 last at Cregganna Mor, Oranmore. Inspector O'Donnell said Mrs Conneely's car was travelling towards Oranmore when she decided to pull into the left-hand side of the road on the hard shoulder. She then attempted to suddenly do a u-turn on the road and in the process of doing this she caused a three-car accident. Defence solicitor Adrian MacLynn said the mother of eight had become hassled and frustrated after finding out that shops she wanted to visit in the area were closed. She went back out onto the main road and in a momentary lapse of concentration she decided to turn around on the road because she was feeling distracted and hassled over the shops being closed, he said. Judge Aeneus McCarthy agreed to accept the reduced charge and he convicted and fined Mrs Conneely 150.

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