Galway Advertiser 2010/GA_2010_03_25/GA_2503_E1_050.pdf 

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50 C O U RT S

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March 25 2010

Rabbitte hops off with handcuffs, court hears
BY MARTINA NEE A 26-year-old man, who while unlawfully at large, was stopped on suspicion of drink driving but who then ran off with the handcuffs still attached, was given an extra four months to serve in jail. Stephen Rabbitte with an address at 96 Inishannagh Park, Newcastle, was brought before Galway District Court on Monday charged with obstruction of a peace officer, driving without insurance, giving a false name, having no tax, driving without a licence, and the theft of handcuffs, valued 200, at Arch Motors, Westside, on January 17, 2010. Garda Kieran Quinn told the court that at 4.30am he observed a car, driven by the defendant, pulling into the forcourt of Arch Motors without indicating. Garda Quinn approached the vehicle and spoke to the defendant who gave the name of Christopher Joyce. When Garda Quinn noticed an open can of cider in the car and that the defendant's eyes were bloodshot he began to arrest Rabbitte on suspicion of drink driving and placed handcuffs on him. However, Rabbitte fled the scene and was pursued by gardai but "made good his escape". Garda Quinn said that as a result of an intelligence led operation the defendant was arrested in the Westside area on March 5. The court then heard that when Rabbitte was first stopped by Garda Quinn he had been unlawfully at large, did not have insurance, and had been disqualified from driving. "He stole the handcuffs? How did that arise?" asked Judge Mary Fahy. Garda Quinn told her that the handcuffs had been placed securely on the defendant before "he took off with them". It was also indicated that the defendant damaged the handcuffs when removing them. Inspector Pat McHugh told the court that the defendant has 43 previous convictions including criminal damage, driving without insurance, drink driving, unlawful taking of a vehicle, and burglary. The court also heard that Rabbitte is currently serving an 18 month sentence for other matters, with a release date in September. Judge Fahy noted that Rabbitte received a significant sentence but that he was let out after only serving a few days. "If he served that he wouldn't be here today. It's a total waste of our time," she said. Judge Fahy convicted Rabbitte and imposed a total of four months, to be served on the lawful termination of the sentence already being served, and disqualified him from driving for 10 years. Rabbitte was also fined 300 payable forthwith.

Mayo man to pay compensation for abuse to garda
BY MARTINA NEE A young Mayo man who became verbally abusive and physically violent towards a garda as she attempted to make an arrest has been given until May 17 to pay 750 in compensation. Twenty-year-old Pat Flannery, with an address at Inver, Barnatra, Ballina, Co Mayo, appeared at Galway District Court on Monday to face the offences of obstructing Garda Caroline Hayes, threatening and abusive behaviour, and refusing to give a name and address at Shop Street. Inspector Pat McHugh told the court that at 10pm on February 27, 2010, gardai received a number of calls regarding a fight taking place between the defendant and another male who were roaring and shouting at each other. When Garda Hayes asked for his name and address, Flannery refused to provide it and instead starting laughing at her. When Flannery was informed that he was at risk of being arrested he still refused to provide any details and told the garda to "f**k off". Garda Hayes managed to place the handcuffs on one hand before a struggle ensued and two nearby doormen had to come to her assistance. Flannery was eventually placed in the back of a patrol van but he then kicked out at gardai and verbally abused them. The court heard that Flannery has seven previous convictions including one for burglary with intent. "This man is back with a bang," noted Judge Mary Fahy. Defence solicitor Olivia Traynor said that her client, who works as a scaffolder, accepts that his behaviour had been "out of line, especially to a female garda". Ms Traynor said that Flannery had been referred to HSE addiction services in October 2009 and is still attending counselling for alcohol addiction. Judge Fahy said that she would consider imposing a monetary penalty if Flannery comes up with compensation. "I know gardai have to do their duty but this man went over and above what gardai should have to endure in their work," she said before adjourning the case to May 17 for payment of 750 in compensation to Garda Hayes.

Man crashes into walls during lover's tiff, court hears
BY MARTINA NEE A Castlepark man who crashed a car through two walls and into someone's front garden after arguing with his then girlfriend was fined more than 1,000 at Galway District Court this week and disqualified from driving for four years. Patrick O'Brien (41) with an address at 144 Castlepark, Ballybane, pleaded guilty last Monday to dangerous driving, driving without insurance or a driving licence, and failure to produce both documents at Bohermore on November 9, 2008. The court heard that a car had hit a wall at the junction of St Anthony's Terrace in Bohermore and veered across the road where it hit another wall before coming to a stop. Inspector Pat McHugh added that half of the car had ended up in a private front garden and the fire brigade had be called out to the scene. O'Brien had been at a function earlier that day, had an argument with his then girlfriend, and had leaned over the seat before losing control of the vehicle. Defence solicitor Sarah O'Dowd said that O'Brien, who is now single, has no previous convictions for road traffic offences and had made a full admission. Ms O'Dowd explained that his then girlfriend had travelled to Galway for a christening and they had been invited to a party. The girlfriend had been "drinking shorts" and O'Brien, who only had one pint, felt that she was not able to drive so he took the keys. For dangerous driving and driving without insurance Judge Mary Fahy imposed a total fine of 1,100 with five months to pay and disqualified O'Brien from driving for four years. Failure to produce insurance, driving without a licence, and failure to produce a licence were taken into account.

Taxis' worst passenger borrowed money for chips and then refused to pay fare
BY MARTINA NEE A 41-year-old man who is well on his way from being blacklisted by nearly all Galway taxis received a nine month suspended sentence this week for several counts of making off without paying for fares. The Galway District Court heard on Monday how a cheeky Brian Curran added insult to injury when he asked a big-hearted taxi driver to lend him 10 to buy a bag of chips but then refused to give back the money or to pay the substantial fare when he arrived at his destination. Curran, with an address at Knocknagreine, Furbo, pleaded guilty to three counts of making off without payment for taxi services, and one count of making off without paying at Busker Browns, Cross Street, being intoxicated in a public place, and threatening and abusive behaviour. Inspector Pat McHugh told the court that on August 13, 2009, at 8. 30pm the defendant was in Busker Browns where he ordered nearly 20 worth of drinks and left without paying. However, he was followed by a diligent member of staff down the road and was arrested by gardai. On November 22, 2009, the defendant had obtained the services of a taxi, with the fare amounting to 28, and refused to pay for it. He was also very drunk and abusive to the driver and to gardai. However, the worst incident had been on September 11, 2009, at 9pm when Curran got a taxi to his home but along the way he asked the driver to lend him 10 to get chips, telling him that he had money in the house. However, when the taxi got to the house Curran refused to pay the fare or even pay back the 10 for the chips. "To add insult to injury," said Judge Mary Fahy, who added that she was surprised that the defendant has not been blacklisted by the taxis in Galway. The court then heard that the defendant has 22 previous convictions, the majority of which were for not paying taxi fares. "I don't know where he is finding the taxis. I'd imagine he is blacklisted by a number of them", said defence solicitor Ms Traynor, who added, "Each time he always thinks there is money in the house to pay for it [the fare]". When Judge Fahy enquired if Curran has a drink problem he told her: "No, I just get drunk". "He says he has no drink problem but I have my suspicions," said Judge Fahy, who then acknowledged that 90 had been paid by Curran in compensation. She then convicted Curran and imposed a total of nine months suspended for 12 months on condition that he enter into a bond of 600 to be of good behaviour. He was also fined 300 with four months to pay.

Judge's concern for stolen computer market
BY MARTINA NEE A Galway district court judge has expressed concern for the "ready market" out there for stolen computers and the implications this type of theft has on jobs, invaluable work, and private information. Judge Mary Fahy made the comments at Monday's sitting of Galway District Court before imposing a sevenmonth jail sentence and a further seven-month suspended sentence on Jan Laszewski for handling stolen laptops. The 30-year-old, with an address at 21 The Links, Ballymoneen Road, Knocknacarra, pleaded guilty to two counts of handling stolen property, possession of drugs, and theft. Inspector Pat McHugh told the court that on February 25, 2010, gardai conducted a search at the defendant's home and found two laptops. Laszewski admitted that he had bought the laptops knowing that they had been stolen. One laptop had been stolen from an ESB office in Tuam during a burglary on November 30, 2009, while the other laptop had been taken from a house in the Belmont housing estate in Renmore on September 24, 2009. The court also heard that when gardai arrived the defendant was observed smoking a joint. Regarding the theft charge, Inspector McHugh said that gardai received a call to go to Dunnes Stores in Westside on May 26, 2009, where the defendant had been seen on CCTV taking goods, valued at 16.54, and detained by security. The defendant has no previous convictions. Defence solicitor Adrian MacLynn said that Laszewski, a Polish national, has been in the country since May 2007 and has held down various jobs. However when he lost his work the defendant "engaged in these activities", said Mr MacLynn, who added that his client admitted from the beginning that he knew the laptops came "from a dubious background". "We've been through this before in relation to computers and how people are losing their work. The loss of a computer is a huge one and has to be treated seriously. There's a ready market out there for these computers," said Judge Fahy. Inspector McHugh then said that in most cases the owners' work and information is wiped off the computer so that it can be sold on again. Laszewski was sentenced to seven months in jail for one count of handling stolen property while for the second count he received a seven month sentence suspended for 12 months on condition that he enter into a bond of 500 to be of good behaviour. He was also fined 200 and leave to appeal was granted.