Galway Advertiser 2005/2005_11_17/GA_1711_E1_032.pdf 

Extracted text

32

N E W S

IN THE COURTS

November 17 2005

Lost little doggie story fails to impress judge
A 19-years-old man who was found trespassing in a locked car compound at the Docks claimed he went onto the private property while looking for his wife's dog. When arrested, John Cleary, of 14 Glenbawn, Ballybane, admitted to gardai that he had gone into the yard looking for car seat covers. Inspector Noel Kelly told Galway District Court this week that Cleary was arrested at 6.40pm on August 13 at a car compound at New Docks. He told arresting gardai that he fell in over the wall while looking for a dog. He later admitted he had been looking for car seat covers. Defence solicitor Valerie Corcoran said her client had not gone in over the fence as stated but had gone in under the fence when his wife's small dog wandered off. He accepted he should not have been on private property and there had been no intention on his part to do anything malicious, she said. Cleary, who is unemployed, and his wife live in a caravan and have been married one year, the court was told. Judge Mary Fahy did not believe the dog wandered off. It would have come back when called, she observed. She told Cleary he should not have been on private property before convicting him of the offence and fining him 250.

Double trouble for city carpenter
A Knocknacarra carpenter whose car displayed a false disc on the windscreen was given a suspended three-month sentence and fined a total of 850 at Galway District Court this week. Virginijus Kumza, 37 Ard Fraoigh, Clybaun Road, Galway, who has been working in Galway as a carpenter for the last six months, earning 400 a week, was a front seat passenger in his own car when it was stopped by Garda Ronan Mahon on July 3 last at Lower Newcastle Road, Galway. He pleaded guilty in court this week to the custody of a false disc, not having tax and exhibiting a defaced disc. Kumza's friend, Remigijus Simonkevicius, of the same address, who is also a carpenter, was driving the car. He pleaded guilty to not having insurance. Defence solicitor, Patrick Lynch, said Kumza asked his friend to drive his car on the occasion because he felt he had had too much to drink. He said Kumza had since taken out insurance but the other man did not own a car or drive so he did not need to get insurance. Garda Mahon added that tax had not been paid for over a year on the vehicle and there were arrears of 484. Judge Mary Fahy fined Kumza 300 for being found in possession of a false disc and she sentenced him to three months in prison, suspended for two years. She imposed further fines of 450 for not having tax and 100 for exhibiting a defaced disc. Judge Fahy convicted and fined Simonkevicius 350 and disqualified him from driving for 12 months for not having insurance. She observed that there was no need to endorse his licence as under recently introduced legislation, penalty points would be added automatically.

Burglar arrested while returning to scene of the crime
A cheeky burglar who broke into an apartment and stole a DVD and cash, was returning moments later to burgle the place again when he was arrested by Gardai called to investigate the initial break-in. Ronan Haverty (22), 19 Binn Sin, Western Distributor Road, Galway, was given a six-month prison sentence at Galway District Court this week for the brazen burglary at an apartment at Radhairc na gCor, Cappagh Road, Galway, at 8.45am on September 19 last. Detective John Flatley told the court that Haverty, who pleaded guilty to the charge, had broken into the apartment which was occupied by two sisters at 8.45am and stolen their DVD along with 25 cash. The girls phoned the Garda as the burglary was in progress, but when gardai arrived at the scene Haverty and a youth had already left. While gardai were scouring the area looking for the pair Detective Flatley received a call from one of the women telling him one of the burglars had returned to the apartment. Detective Flatley went quickly back to the apartment and while speaking to the women at their front door at 9.30am, he noticed two young men walking up the road. The women identified Haverty as one of the burglars and he was arrested. The DVD and cash were never recovered. One of the women told the court that she and her sister had moved address because they were nervous as a result of the break-in. Judge Mary Fahy said that while there had been no physical contact Haverty had violated the sisters' privacy. She said people were entitled to feel safe in their own homes. Defence solicitor Adrian MacLynn said his client had a drink and drug problem which he was now trying to address in prison while serving an eight-month sentence for other offences. He indicated the risk of his client reoffending was high if he did not get treatment. Judge Fahy said the loss of the property was nothing to the sense of insecurity now felt by the sisters. She said they had woken up to find two men in their bedroom early in the morning, and while that was bad enough the culprits returned a few minutes later intent on finishing off the burglary. She sentenced Haverty to a further six months in prison, to run consecutively with his current sentence and granted leave to appeal.

Man to stand trial for having sex with underage girl
A 28-years-old Galway city man has been sent forward for trial to the Circuit Criminal Court charged with having sex with a underage girl. Judge Mary Fahy, on the application of Inspector Noel Kelly further restricted publication of the man's name and address at Galway District Court this week as the inspector feared there might he a chance of identifying the alleged victim if the man's identity was published. The man, who was accompanied in court by a female, is charged with having unlawful carnal knowledge of a girl, aged under 17 years, at a unknown location in the city, contrary to Section 2 (1) fo the Criminal Law Amendment Act, 1935. Judge Fahy sent the man forward for trial to the January sittings of Galway Circuit Criminal Court commencing in January.

Man who sat into unattended Garda car finds himself in court
A drunken Loughrea man sat into the front seat of a Garda patrol car in Galway city while gardai were out of the car dealing with another person, Galway District Court heard this week. Eoin Maher (24), from Danesfort, Loughrea pleaded guilty to being drunk and a danger to himself and others at Prospect Hill, Galway, on September 17 last. He also admitted not turning up in court to answer his bail in relation to the charge last October. Inspector Noel Kelly told the court that gardai were dealing with another matter when Maher came along and sat into the front passenger seat. He was very intoxicated and incapable of looking after himself. Defence solicitor, Adrian MacLynn, said his client had no recollection of events and he had no recollection of having to come to court either. Inspector Kelly said there was other charge pending against the accused in Loughrea. Judge Mary Fahy convicted and fined Maher 100 for being drunk in Galway city and a further 300 for not turning up in court in October. She remanded him on his own bail of 600, one third of which had to be lodged in court, to appear before Loughrea District Court on December 14 next in relation to an outstanding charge before that court.

Punctured tyre prevented driver from leaving accident scene
A punctured front tyre prevented a drunken motorist who did not have insurance from leaving the scene of an accident, Galway District Court heard this week. Stuart Gibbs (31), a native of Cavan town, was involved in the accident at the Menlo roundabout at 9.30pm on July 1 2004. He pleaded guilty to all charges before the court and was given a suspended sentence and fines. Inspector Noel Kelly said Gibbs crashed into the rear of another car and then attempted to drive away but couldn't get far because his front wheel was punctured. Gardai arrived on the scene and Gibbs was arrested. A sample taken showed a reading of 81mgs of alcohol per 100mls of breath. He had no insurance or tax on the car. Gibbs, who has 11 previous convictions for motoring offences which were committed after this accident, was homeless and alienated from his family due to drink up until recently according to his solicitor Adrian MacLynn. Mr MacLynn said Gibbs is now rehabilitating himself and will be returning to full-time education soon with the support of his family. Judge Mary Fahy said Gibbs had tried to drive off but was caught redhanded. She convicted and fined him 350 and disqualified him from driving for two years on the drunken driving charge. She fined him 350 for not having insurance and imposed a further 12-month driving ban. A further 300 fine was imposed for failing to remain at the scene. Judge Fahy imposed a two-month sentence, suspended for two years, and banned Gibbs from driving for a further 12 months for dangerous driving. She also imposed a 100 fine on the accused for not having a driving licence.