Galway Advertiser 2010/GA_2010_02_18/GA_1802_E1_084.pdf 

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February 18 2010

Twins left outside on doorstep by quarrelling parents, court hears
BY MARTINA NEE Three-year-old twins had been left outside on the doorstep for 20 minutes during pouring rain by their parents, the Galway District Court heard this week. The court also heard on Monday how on a second occasion a seven-year-old girl had been left to mind a young infant and the twins while their mothers went shopping. Thobekile Dube (34) with an address at 3 Oran Bay Apartments, Oranhill, Oranmore, and Bonhi Maseko (29) with an address at 17 Oran Crescent, Oranhill, were summoned to appear in court for the offence of wilfully neglecting a child in a manner likely to cause unnessary suffering on April 25, 2009, at 65 Bluebell Woods, Oranmore. A third defendant, Ian Dube (42) with an address at 30 Oran Crescent, Oranhill, was summoned for a similar offence on April 23, 2009, at 65 Bluebell Woods, Oranmore. Inspector Sean Glynn told the court that on April 23 Ian Dube had dropped off the twins at the door of his ex-wife's house and that the children had been left on the porch while it was raining. Mr Dube then left and his ex wife, Thobekile Dube, called the gardai who directed her to take the children inside the house. Inspector Glynn added that the children had been left outside for at least 20 minutes. On April 25, Mr Dube dropped the same children at Mrs Dube's house at approximately 11am. At 2pm Mr Dube had been out driving in Oranmore town when he spotted Mrs Dube and Ms Maseko without the children. Inspector Glynn explained that both women had left Mrs Dube's house for about one hour while the twins were left in the house and minded by Ms Maseko's seven-year-old daughter. The court further heard that the seven-year-old had been left to mind a younger sibling and Mrs Dube's twins and the children had been told to watch TV. When Mr Dube arrived at the house the children were "seen looking out of a top window". Defence solicitor Olivia Traynor said that Mrs Dube had earlier indicated a plea of guilty to the two offences against her but a HSE report was required. Ms Traynor said that her client, who has been living in Ireland for eight years, was the main guardian for the children after the relationship with her husband ended. She added that there had been issues about maintenance and that Mrs Dube had been "frustrated" at the time. Ms Traynor said that Mrs Dube accepts that she made a "gross misjudgment". Regarding the incident on April 25, Ms Traynor said that her other client, Ms Maseko, had come over to Mrs Dube's house with her own children. The court heard that the two women had to get some shopping and that the wheel of the car "blew out". Ms Traynor later added that the HSE report is favourable for both her clients. Mr Dube, representing himself, said that on April 23 he had tried several times to phone his ex-wife. "You left the children on the doorstep," replied Judge Mary Fahy to which the defendant replied that his ex-wife had gone inside the house and had locked the door. He added that he had been rushing to get to work, that Mrs Dube was "standing at the door", and that he did not just leave the children there. "The whole three of you are culpable," said Judge Fahy, who then noted that the HSE report indicated that there were no on-going concerns. After careful consideration Judge Fahy convicted and fined Mrs Dube 750 with three months to pay for the offence on April 25 while the second offence was taken into consideration. Mr Dube was convicted and fined 750 with three months to pay while Ms Maseko was fined 750 with four months to pay.

Tuam businessman acquitted Athenry man fined and in indecent assault case disqualified for obstructing garda
BY MARTINA NEE An Athenry man who obstructed a garda by refusing to give information and resisting arrest was fined a total of 900 and disqualified from driving for 12 months. John Jennings (27) with an address at 11 Cullairbaun, Athenry, appeared before Judge Mary Fahy at Galway District Court on Monday where he pleaded guilty to obstructing Garda Derek Mullin and to being intoxicated in a public place at Kiniska, Claregalway, on July 5, 2009. Inspector Sean Glynn told the court that the defendant and one other person had been observed by Garda Mullin standing beside a car at 8am. He added that the defendant was "extremely intoxicated" and that it was not known who owned the car. The court heard that the defendant became "quite obstructive", refused to give Garda Mullin his name, would not produce his driving licence when requested to do so, and resisted arrest. However, Inspector Glynn added that Jennings did not resist "too much" but that he was just very uncooperative. Defence solicitor Adrian MacLynn said that his client had been out socialising and that the car belonged to Jennings' girlfriend. He added that the defendant had stayed at a house overnight and that his girlfriend had been driving the car. Mr MacLynn said that Jennings, who had a lot to drink, "regrets his total lack of cooperation". Inspector Glynn then informed the court that Jennings has a previous conviction for drink driving for which he received a 500 fine and a two year disqualification in June 2008. Jennings also has a previous conviction for driving without insurance and for giving a false name. Judge Mary Fahy noted that the defendant had been bound to the peace and disqualified from driving when this latest offence occured. Mr MacLynn said that Jennings, who is a plasterer by trade, could provide no excuse for his behaviour and has since apologised to Garda Mullin. For obstruction, Judge Fahy convicted Jennings and fined him 700 with three months to pay and disqualified him from driving for 12 months. For being intoxicated Jennings was further fined 200 with three months to pay. A prominent Galway business man has been acquitted by a jury on all charges of the sexual abuse of a school boy over 30 years ago. Paul O'Grady (63) of Dublin Road, Tuam, a former teacher, publican, auctioneer and peace commissioner, had pleaded not guilty to 12 charges of indecent assault on dates between 1974 and 1976. Judge Frank O'Donnell had earlier withdrawn six charges from the jury and

told them that they were to find O'Grady not guilty on these offences "as directed by the judge". The jury of six women and six men took almost three hours to reach the verdict on the remaining charges on day four of the trial before Dublin Circuit Criminal Court. Judge O'Donnell thanked the jury for the obvious care and attention they had given in the trial before he discharged Mr O'Grady from the indictment, telling him he was "free to go".

Farm worker convicted of drink driving
A two year driving disqualification was imposed on a 30-year-old Galway man after he was convicted of drink driving. Claremorris District Court heard this week how Shane Walsh, with an address at Liskeavy, Milltown, Galway, failed a roadside breath test at a garda checkpoint at Clare, Claremorris on October 19 2009 at 12.35am. A subsequent breath sample showed 56mg of alcohol per 100ml of breath. The man, who assists on his family farm, was convicted and fined 450 by Judge Mary Devins and disqualified from driving for two years.

Car thief thought gardai were scarecrows during high speed chase, court hears
BY MARTINA NEE Up to 15 gardai and five patrol cars from various stations were in hot pursuit of a dangerous driver who suffered from "grandiose delusions" that the stolen car he was driving was actually his and that the chasing gardai were scarecrows, the Galway Circuit Criminal Court heard this week. Femi Alabi (25) with an address at 12 Hamilton Terrace, Balbriggan, Co Dublin, was brought before Judge Raymond Groarke last Tuesday where he entered a plea of guilty to the unlawful taking of a vehicle, belonging to Tom Doyle, at Loughrea on August 28, 2008. He also pleaded guilty to criminal damage to that same vehicle, and criminal damage to two garda patrol cars at Caherlevine, Loughrea, and dangerous driving at Taylor's Hill, Galway city, on September 2, 2008. Garda Darragh Ainsworth of Salthill Garda Station said that on September 2 at 3am he and a colleague had been on patrol in an unmarked vehicle when a car was spotted driving without headlights. The gardai followed the Opel Corsa over Quincentennial Bridge while checks were carried out. It was discovered that the Opel Corsa had been reported stolen from Tom Doyle Motors in Loughrea on August 28. The siren was activated but Alabi kept driving, reaching speeds of between 70kpmh and 80kmph onto the Seamus Quirke Road where he suddenly stopped. Garda Ainsworth placed his garda car in front of Alabi but, just as his colleague was getting out, Alabi's car suddenly reversed at high speed and smashed into two parked vehicles. A "lengthy pursuit" ensued, during which other traffic had to take evasive action to avoid being hit. At Taylor's Hill Alabi rammed a patrol car which had been blocking his path. Garda Ainsworth said that by the time Alabi had reached Salthill "numerous cars had joined in the pursuit". At Grattan Road Alabi had slammed on the brakes to get into a side road where he rammed a garda car. The Opel Corsa then drove back along Quincentennial Bridge with no lights on and at times on the wrong side of the road. When the pursuit reached the dual carriageway, past Tom Hogan Motors, Alabi "veered deliberately" to ram the patrol cars off the road. Garda Ainsworth explained that the most dangerous incident was on the way to Loughrea where Alabi knocked off his lights and veered into the path of oncoming traffic and overtook a bus on the hard shoulder. "He seemed intent on causing maximum carnage on the road," said Garda Ainsworth, who added that in Loughrea town patrol cars tried to stop him but failed. Alabi was "boxed in" at Caherlevine roundabout by a patrol car, however he suddenly reversed into Garda Ainsworth's car in order to escape but he was finally apprehended at 4.20am. "His reaction was that this was all a bit of fun. He thought the gardai were scare crows," said State barrister Conor Fahy, to which Garda Ainsworth replied: "He seemed oblivious to what was going on, he almost didn't recognise us as gardai." The court then heard that Alabi has six previous convictions which include driving without a licence or insurance, threatening and abusive behaviour, and criminal damage. Defence counsel explained that her client, a Nigerian national, has been in custody since September 2, 2008, and a psychiatric assessment had been carried out. The barrister further explained that Alabi's contact with his family reduced because of a deterioration in his behaviour. A psychiatric report furnished to the court showed that Alabi suffered from "grandiose delusions". The barrister explained that it wasn't until July 2009 that Alabi was considered fit to plea and that doctors recommended that Alabi continue treatment as an outpatient in Balbriggan and reside with his mother there. "This is a horrifying tale," said Judge Groarke. He acknowledged the findings of the psychiatric report which showed that Alabi had been "suffering from insanity at the time", however he was concerned that Alabi would get into this kind of trouble again. "How many people could have been killed? He could be facing a charge of murder," said Judge Goarke, who added that he wanted Alabi to continue to get treatment. Judge Groarke imposed a total of five years, backdated to September 2, 2008, with the balance suspended on condition that he enter into a bond to keep the peace and be of good behaviour. Other conditions included that he undergo and co-operate fully with medical professionals, that he is not involved in any criminal activity, that he reside at his mother's address in Ballbriggan, and that he be placed under the supervision of the probation services who are charged with monitoring his compliance. Alabi was also disqualified from dr