Galway Advertiser 2005/2005_12_08/GA_0812_E1_038.pdf 

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38

N E W S

IN THE COURTS

December 8 2005

Man told to stay away from Westside barbershop
A Rahoon man's drunken attempts to get a hair cut led to an even closer shave with the law when he became abusive to staff in a barbershop and they called the Gardai. Tom McDonagh (42), who lives with his sister at 8b Tulach Ard, Rahoon, Galway, pleaded guilty to breaching the peace at Hair Republic, Westside Shopping Centre, Galway, on September 29 last, when he appeared before Galway District Court this week. Inspector Pat McHugh told the court that Gardai got a call to go to the barbershop at 12.30pm on that date because McDonagh, who was intoxicated at the time, was abusive to staff. McDonagh was well known to staff for all the wrong reasons as he had been verbally abusive to them in the past. The manager told him to leave but McDonagh threatened to "knock his block off" and kill him. Defence solicitor, Valerie Corcoran said her client was a chronic alcoholic who had tried in vain to stop drinking in the past. His marriage had broken down 12 years ago due to drink but his wife was in court to offer him support. Ms Corcoran said McDonagh now suffers from subdural bleeds in his brain and is unable to work or give up alcohol. Ms Corcoran said her client had gone into this premises for a haircut while intoxicated in the past and he would now undertake never to go in there again. Judge Mary Fahy told McDonagh he should get treatment for his alcohol addiction before imposing a 300 fine. The judge asked McDonagh to stay away from the barbershop in Westside and he agreed to so do, saying he could get a haircut in town instead.

City is crying out for painters, says judge in bench warrant case
A man who asked for free legal representation at Galway District Court this week claiming he could not get a job as a painter was told by Judge Mary Fahy that he mustn't be looking very hard, given that the city was "crying out" for painters at the moment. Judge Fahy told John Campion, of 7 Glenavon Drive, Ballybane, that some people in the city were on waiting lists for painters at the moment due to the building boom and she saw no reason why he didn't have a job. "You mustn't be looking very hard," the judge said to him. Campion was before the court on foot of a bench warrant after he failed to turn up at an earlier court hearing. The accused was charged with breaching a safety order at a house in An Sean Bhaile between August 1 and September 10 last. Garda Peter McGuinness, who executed the bench warrant, said Campion had met him outside the courthouse by appointment. The Garda said he would not object to bail for that reason. Judge Fahy awarded Campion free legal representation and remanded him on his own bail to appear before the court again on February 8 next year. Bail was granted on condition that Campion stay away from the house in An Sean Bhaile and not communicate with anyone at that address.

Man charged with sex assault remanded in custody
A Galway City man who is charged with sexually assaulting a woman last March has been remanded in custody following his appearance before Galway District Court this week. The man, who is charged with the offence which is alleged to have taken place at a city housing estate on March 27 last, is already in custody and serving a sentence for unrelated offences. Judge Mary Fahy restricted publication of the man's name and remanded him in custody to appear before the court again next Monday, December 12.

Boat trip lands woman before court
A middle-aged woman who started drinking on the boat while returning to Ireland from England was found lying on the ground in Salthill and had to be arrested for her own safety. Kate McCarthy, c/o The Osterley Lodge, Salthill, Galway, pleaded guilty before Galway District Court this week to being drunk and a danger to herself and others outside the Warwick Hotel, on December 3 last. The court heard Ms. McCarthy was extremely intoxicated and had to be lifted into a Garda patrol car. Defence solicitor, Adrian MacLynn said his client had just returned from England. She met friends on the boat and started drinking with them. Judge Mary Fahy convicted and fined McCarthy 100.

Those boots Kilcolgan were not made motorist pays the price for for walking refusing to give
High-heeled boots combined with a lot of drink landed a woman before Galway District Court this week where she was convicted and fined for two Public Order offences. Florence Healy, 190 Laurel Park, Newcastle, Galway, pleaded guilty to being drunk in public and to breaching the peace at Newtownsmith, Galway, at 2.50am on September 18 last. Inspector Pat McHugh said Gardai were on patrol in the area when they came across the accused in the middle of the street. She was very unsteady on her feet and fell over. A male companion, who was just about able to walk himself, was not able to look after her. The Gardai thought Healy was a danger to herself and others and approached her. She became very abusive and had to be arrested. Defence solicitor, Valerie Corcoran, said her client rarely went out and while she did not have much to drink on the night in question it had affected her ability to walk because she had been wearing very high boots and they were uncomfortable. Healy later apologised to the Gardai, Ms. Corcoran added. Judge Mary Fahy convicted and fined Healy 300 for breaching the peace and 100 for being drunk in public, warning her to be more careful in future.

breath sample
A complaint from a member of the public led to the arrest of a Kilcolgan man on suspicion of drink driving near Oranmore, Galway District Court heard this week. Michael Martyn, Roveagh, Kilcolgan, was arrested at 7pm on May 27 last by Garda Martin Walsh, who had received a complaint about Martyn's manner of driving. Martyn was taken to Galway Garda Station where he refused to give a sample of his breath for analysis and he was subsequently charged with the offence. Defence solicitor Valerie Corcoran said her client was pleading guilty to the charge and she asked Judge Mary Fahy to postpone the mandatory disqualification until after Christmas because her client was self-employed and was married with a young family. Judge Fahy said she never granted such an application when a person had refused to give a sample. She convicted and fined Martyn 400 and disqualified him from driving for two years, to take effect after 14 days.

Factory worker's candid approach to case impresses Judge
A 27-years-old factory worker's immediate plea and his willingness to pay compensation into court for breaking a pane of glass in a cafe while drunk impressed Judge Mary Fahy so much this week that she applied the Probation Act, which does not record a conviction. Dominick McDonagh, 9 Woodfield, Cappagh Road, Galway, told the judge he wished to plead guilty to being drunk and a danger to himself and others at 2.30am at Java restaurant on November 13 last and also to breaking a pane of glass in the restaurant's door on the same occasion. McDonagh told the judge that while he worked in a factory and could pay for a solicitor he would prefer to deal with the case himself and he wished to plead guilty and have the case dealt with straightaway. Inspector Pat McHugh said McDonagh had been refused entry to the cafe at 2.30am and he punched the door, cracking the pane of glass which cost 215 to replace. He was intoxicated at the time and was arrested by Gardai called to the scene. He had no previous convictions, the inspector added. McDonagh said he would get the 215 from an ATM machine and when he returned with the money a short time later, Judge Fahy said she was impressed with the manner in which he had met the case. She applied the Probation Act and told McDonagh she hoped he had learnt his lesson.