Galway Advertiser 2005/2005_11_24/GA_2411_E1_026.pdf 

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26

N E W S

IN THE COURTS

November 24 2005

Mother barred from shopping centre pending shoplifting case
A mother of four has been barred from a city centre shopping centre and warned to stay away from witnesses involved in a case pending against her in relation of an alleged shoplifting offence. Lisa Moran (35), 100 Rahylin Glebe, Galway, is charged with stealing a mobile phone cover worth 19.99 from Happy Talk, at Corbett Court shopping centre, on July 2 last. Inspector Pat McHugh told this week's sitting of Galway District Court that he had to bring to the court's attention an allegation made by a witness to the alleged shop lifting incident that he had been approached by the accused and asked to withdraw his complaint. Inspector McHugh said that while he did not object to bail he wanted conditions attached in light of the alleged intimidation of a witness. Shop worker Declan Kenny told the court he was working at Happy Talk on November 2 last when he was approached by the accused and a man. They told him they had received their summons for court and they tried to persuade him to drop the case. Mr Kenny said he told them he would have to talk to his manager. The accused and the man said they would be back in a few days for his answer and they said they hoped it would be the right one. Mr Kenny said he felt intimidated by this. Defence solicitor Sean O' Carroll said his client had tried to explain what had happened to her to Mr Kenny. Judge Mary Fahy said Moran knew well that she should not have approached Mr Kenny who is a witness in a case and it could be viewed as intimidatory. "I'm not saying it was intimidatory but there is an admission that she did speak to this man which she knows is totally inappropriate. She knows she is before the court and she knows she should not be going next nor near a witness," the judge said to Mr O'Carroll of his client. The judge ordered prosecution statements in the case be sent to Mr O'Carroll and she adjourned the matter to December 12 for mention, on condition that Moran make no contact with Mr Kenny or any other witness in the case. Inspector McHugh asked that a second condition, barring Moran from the shopping centre, be attached as well and Judge Fahy acquiesced to his request.

Sergeant bagged youth fishing in front of Garda Station
Fishing with an illegal stroke haul fishing line in full view of Galway Garda Station was not the best thing for one young man to do, Judge Mary Fahy observed at Galway District Court this week. Before the court was Michael McNamara, from 30 Camilaun Park, Newcastle, Galway, who pleaded guilty to using the illegal line at the Canal across the road from Galway Garda Station at 6.45pm on March 4 last. Sergeant Tom Bermingham told the court he was looking out the garda station window when he noticed the accused attempting to stroke line for trout. McNamara, he said, attempted to get rid of the evidence by cutting the line when he approached him. Defence solicitor Sean O'Carroll agreed with Judge Fahy that it had not been a good idea for his client to be fishing in full view of the Garda Station. He said McNamara had been trying to catch spent salmon, which are known as `slats' in the trade. He said they could not be sold commercially and his client knew that. He said McNamara had been trying to catch the fish in the canal to reintroduce them to the River Corrib. Mr O'Carroll indicated to the court that his client had had difficulties in school and was about to embark on a FAS training course in gardening. He said a conviction might impede his client's chances of employment in the future. Western Regional Fisheries solicitor Sean Forde said the Fisheries Board accepted the accused had not been trying to catch the fish for commercial gain and it was willing to give him every chance. He said it was prepared to waive legal costs in the case and accepted it was not the worst case to come before the court. However it wanted the fishing rod confiscated, he added. Judge Mary Fahy said that McNamara might benefit from the input of the probation service. She adjourned the case to January 16 for the preparation of a probation report.

Night of the long knives as Poles leave barbecue armed with cutlery
Carrying their knives home after attending a barbecue hosted by their fellow countrymen seemed like normal behaviour to two Polish men who expressed surprise at Galway District Court this week at being arrested for the offence. Both Marcin Chmielecki (27), and Piotr Borowczyk (31), who share a house at 28 Wellpark Grove, Galway, pleaded guilty to being in possession of knives and to being drunk at Moneenageisha roundabout at 12.30pm on September 4 last. Inspector Pat McHugh said Garda Martin Costello came across Piotr Borowczyk walking down the road carrying a knife in his hand. When asked what he was doing with the knife, the accused replied that he was bringing it home to cut pizza. Moments later Chmielecki came along carrying two knives. He was soaking wet. He told Garda Costello he had just fallen in the river and was on his way home. Defence solicitor Olivia Traynor said her clients had been at a barbecue hosted by other Polish people earlier. A lot of people were invited and the hosts had asked everyone to bring their own cutlery. She said her clients were simply bringing their knives home with them when arrested. Ms Traynor said Chmielecki had been in Ireland for six months and was working as a labourer. Borowczyk, she said, had been in Ireland for over a year and worked as a hotel night porter. He told the court that people were allowed carry knives in their pockets in Poland and he and his friend had not realised they were breaking the law here. Judge Mary Fahy accepted the pair had been at a party but she warned them that they could not walk around carrying knives in this country and could not even carry a small penknife in their pockets. She convicted and fined both men 300 for being found in possession of the knives and 100 for being drunk in public.

Woman upset at friend's arrest on his birthday
A married woman who tried to stop a Garda Sergeant from arresting a young man for a public order offence found herself before Galway District Court this week facing similar charges. Mary Byrne, 124 Hazel Park, Newcastle, Galway, pleaded guilty to being drunk and a danger to herself and others at Mill Street at 1.35am on July 10 last and also to failing to leave the area when directed to do so by Sergeant Willie Byrne. Sergeant Byrne told the court he came across the accused who was extremely intoxicated at 1.35am on Quay Street and he asked her to go home. As he was walking down Mill Street a member of the public alerted him to a disturbance and asked him to go back to where the accused was. The sergeant said Byrne was so drunk he had to arrest her because she was unable to go home. Defence solicitor John Carr said his client was very embarrassed to find herself before the court. He said she was a young married woman who worked in a shop in town. He said she felt someone was being arrested in the wrong and she refused to leave the area for Sergeant Byrne for that reason. Mrs Byrne told Judge Mary Fahy that two men were messing with her in the middle of Quay Street, and coaccused, William Ward, got involved and told them to leave her alone. The two men ran away when Sergeant Byrne came on the scene a second time and he arrested Ward (20), from 307 Corrib Park, Newcastle, Galway, who was causing a disturbance. Ward pleaded guilty in court to breaching the peace on the occasion. Mrs Byrne denied that she had been too intoxicated. She said she didn't want to go with the other two lads. They had been trying to drag her away from her group of friends which included Ward, who had been celebrating his 20th birthday, she said. Judge Mary Fahy said Sergeant Byrne was doing his duty in what is a very busy street in Galway city, particularly at that time of the year. She said more than 90 per cent of people who visit the area are there to enjoy themselves but that a small percentage, like Mr Ward, are there to cause trouble. Hearing that Ward had previous convictions, Judge Fahy warned him he would be facing a prison sentence if he ever came before the court again on a similar charge. She convicted and fined him 400 for breaching the peace. Mrs Byrne was convicted and fined 250 for failing to leave the area for Sergeant Byrne and 100 for being drunk

Hit and run driver left injured taxi driver following accident
A 20-years-old apprentice electrician who fled the scene after crashing into a taxi whose driver sustained injuries, was convicted of dangerous driving and failing to report the accident at Galway District Court this week. Colin Doherty, a native of Coolcran, Crossmolina, Ballina, Co. Mayo, pleaded guilty to the charges following a hit and run accident at Browne roundabout, Newcastle, Galway, at 2.15am on November 5 last year. Inspector Pat McHugh said the accused crashed into taxi driver Tom Burke, whose car was written off in the impact. Mr Burke, he said, sustained injuries. Doherty abandoned his car in the car park at UCHG and returned home to Ballina. He came into Galway Garda Station the next day and made a full admission, the inspector added. Defence solicitor, Sean O'Carroll said his client consulted his parents on his return home and they advised him to go to the Gardai. He had panicked at the scene and driven off. Mr O'Carroll said Doherty had no drink taken at the time but he had a serious row with his girlfriend that night before getting into his car. Judge Mary Fahy said she was suspicious as to why the accused left the scene. She said it was a serious matter that he had not stayed at the scene to assist the taxi driver who was injured. She convicted and fined Doherty 400 for dangerous driving and disqualified him from driving for 12 months. A further 300 fine was imposed for failing to report the accident. Leave to appeal was granted.