Seat belt charge
A man charged with wearing no seat belt has been given time to produce medical certificates.
Melvyn Kelly (33) 68 Fairways, Woodbrook Glen, Bray told Judge David Kennedy at Bray District Court that he has osteoarthritis.
He said that he was wearing his seatbelt on May 17 at Vevay Road, albeit incorrectly due to pains across his chest.
Judge Kennedy adjourned the matter to February 12.
Tax not displayed
A Bray man who had no tax displayed was three days late paying the fine so had to come to court to deal with the matter.
Vaidas Budrys (32) 1B Sunnybank Court, Dargle Road, appeared in Bray District Court last Thursday.
Budrys was fined €100 after explaining himself to the court.
Failed to donate €500 to poor box
A man who pleaded guilty in October to failing to comply with the directions of gardai did not manage to make a payment of €500 to the court poor box.
Wayne Marshall (22), 224 Cappa Road, Finglas, Dublin 11, was in Bray for a football match on June 13, the court heard on a previous occasion.
At around 6 p.m. that evening Garda Glenn Quinn was dealing with a public order incident at Strand Road involving around 30 people.
The defendant approached gardai shouting and screaming and was told to leave the area.
He was eventually arrested. Marshall admitted being disorderly but denied using bad language.
His solicitor said that he was expressing discontent with someone else being arrested and got caught up in the moment.
Marshall was given to December 11 to pay €500 to the court poor box and avoid a conviction.
However he had not made the payment last Thursday.
Judge David Kennedy handed down a fine of €300.
A man who had €50 cannabis on him was fined €120 last week at Bray District Court.
Sean McDonald (20) 36 Oldcourt Avenue, Bray, cooperated at the scene when stopped by gardai on Wurzburg Road on July 25.
It was 9.35 p.m. and gardai saw him throw an item on the ground which turned out to be a grinder.
He handed over the cannabis and admitted it was his. McDonald pleaded guilty to possession of drugs.
Found with €15 worth of cannabis
A man found in possession of €15 worth of cannabis told the court he was sorry for wasting their time.
Paul McGrath (28) appeared in Bray District Court last Thursday.
The court heard he was stopped by gardai at Kilbride Lane on September 1 at 2.30 p.m. and they found a joint and small plastic bag of cannabis herb.
Judge David Kennedy handed down a fine of €150.
Man commits to donate€500
A man living in a homeless hostel has committed to €500 to the court poor box.
Ronan Carey (35), who stays at Brighton Terrace in Bray, is now working and said he can save the money.
€50 of cannabis was found in his room when the building was subject to a search warrant.
Judge David Kennedy adjourned the matter
to March 26 for the donation to be made.
Over the limit
A man who was drinking the night before was found to be over the limit while driving the following day.
John Lynch (46) admitted the offence at Old Connaught View, Fassaroe, on February 20.
Judge David Kennedy disqualified Lynch from driving for three years, postponing the ban to March 1.
He also handed down a fine of €350.
A man was not paying attention and caused a four-vehicle collision on the N11 at Cherrywood.
David Nutty (24), 5 Applewood Heights, Greystones, was driving home from Cork and misjudged the speed, the court heard.
The incident occurred at around 8.20 p.m. on July 18.
Nutty was in Bray District Court last Thursday where he pleaded guilty to careless driving.
Judge David Kennedy fined him €500 and said that Nutty was ‘the author of his own misfortune.’
Failed to stop
A Kilcoole man who failed to stop for gardai has been handed 140 hours of community service as part of his penalty.
James Moorehouse (40), 2 Cool dross Close, Kilcoole, did not stop for gardai at Newtown Road in Kilcoole on December 4.
He was also banned from driving for three years, fined €290 and given a six month prison sentence suspended for two years.
A Dublin man in a Bray Court for theft left school at the age of seven and started taking heroin at 15.
Patrick Doyle (29) was in court for stealing groceries at SuperValu in Bray on August 23.
The court heard that Doyle has 62 previous convictions.
He has a four-year-old child in care and is looking to get access when he is released from prison, where he is serving an unrelated sentence.
He is due to be released next month. Judge David Kennedy imposed a 10 month sentence with nine of those months suspended.
Motoring charges struckout
A Greystones woman who is the president of the British Legion of the Republic of Ireland could not attend court as she had a luncheon.
The husband of Doreen Lumley, 182 Seabourne View, Charlesland, attended on her behalf.
It was a driving licence and insurance matter which was struck out as all documents were produced.
However, Judge Kennedy interrogated Mr Lumley on his wife’s absence due to the organisation’s event.
‘It couldn’t be avoided,’ he said, adding that his wife had tried to contact Garda Declan MacDaid several times to no avail.
Claim knife in car ‘was for fishing’
A Bray woman said that a knife in her car belonged to her son for fishing.
Karen Fitzgerald (31), 31 Ballywaltrim Heights, Bray, appeared in Bray District Court last Thursday.
She pleaded guilty to having no licence, NCT or L plates at Ballywaltrim Heights on September 25 however fought a charge of possession of the knife.
Garda Alan Kelly was on mobile patrol with Garda John O’Reilly at around 8 p.m. on that date.
They saw Fitzgerald driving a car with passenger Stephen Somers.
They found the knife in the glove box and Fitzgerald told the gardai it was her son’s knife for fishing.
‘Should all fishermen be criminalised or do you just not believe her reason?’ Solicitor Conway O’Hara asked Garda Kelly.
Garda O’Reilly told the court that there was no evidence of other fishing gear in the vehicle.
‘The gardai were more concerned about who the passenger in the car was to be honest,’ said Fitzgerald.
‘I don’t think this knife has ever been used for fishing,’ said Judge David Kennedy.
He ordered a community service report and adjourned the matter to February 26 on which date she will also be sentenced for the driving offences.
A man who exposed himself to a Bray woman has had his case adjourned for the judge to research the law.
Barbara McHugh of Coburg Estate on Dargle Road gave evidence last Thursday that she was out doing her garden and she saw Nathan Flynn (20), 4 Hollytree Square, Ballymun pass her house.
‘He waved at me but because I didn’t know him I didn’t wave back.’
She said that she went inside and watched from her window to see if he would move out of the cul de sac.
‘He loitered forward and backwards,’ said Ms McHugh, adding that he put his hands down his trousers, stroked his buttocks, and then waved his penis in her direction with his trousers down.
‘It was insulting and an act of gross indecency,’ she said.
Solicitor Conway O’Hara argued that the act under which the state brought the prosecution is not sufficient.
He added that his client was going to the toilet rather than deliberately exposing himself.
Inspector Declan McCarthy said that Flynn’s behaviour was disgraceful and the height of recklessness.
Judge David Kennedy said that while he finds the facts proved, he would put the matter back to January 26 to research Mr O’Hara’s submission.
He said that he has a huge amount of sympathy for Ms McHugh, adding that this was ‘loutish, disgraceful behaviour,’ and a ‘horrendous event,’ for the woman.
Failure to provide specimen
A woman accused of failing to provide a breath specimen has had her case adjourned.
The matter was heard on a previous occasion and related to April 29 of this year at Bray Garda Station.
The defendant in question is Tracy Gaynor (42) 240 Charlesland Wood, Greystones.
Solicitor Joe Maguire argued that the state must have the printout from the machine in order to prove a failure to give a sample of breath.
Judge David Kennedy put the matter back to January 26 in order to research the case.
Husband was in breach of order
A judge said last week that it was a sad case that a marriage of a quarter of a century has ended up in the District Court.
John Gberevbie (63), 76 Kenmare Heights was before Bray District Court last Thursday charged with breaching a safety order at that address.
His wife Angela gave evidence that on July 29 she overheard an argument in the house between her husband and daughter and intervened.
She said that her husband started to mimic her, made a ‘crazy’ signal at his head, shouted at her and said ‘you deserve what you get.’
She said that she felt intimidated and ran upstairs to ring Bray Women’s refuge.
‘I felt like I was being treated like I was nothing. I was broken,’ she said.
She said that over the past 25 years he had subjected her and her family to domestic abuse. ‘He put us through that. Never knowing when, or why, or how.’
Under cross examination solicitor Conway O’Hara put it to Mrs Gberevbie that her husband did not put her in fear, he did not threaten her, and third parties have encouraged her to bring this action.
‘My husband was shouting at me and I was afraid,’ she said. ‘I could feel the fear in my belly.’
Mrs Gberevbie confirmed that she has bipolar disorder, is on medication which she takes, and has learned to live with her illness.
Mr Gberevbie said that he was annoyed with his daughter that day over an application for a college grant.
He said however that he did not frighten his wife and that he would never try to do anything to insult her regarding her illness.
‘I hate bullies,’ he said. ‘I would never bully anybody, it’s not in my nature.’
He reckoned that she was doing this to get him out of the house.
‘The way she’s planning my exit is unreasonable, wicked and callous,’ he said.
Judge David Kennedy accepted Mrs Gberevbie’s version of events and found Mr Gberevbie guilty.
He suggested that the parties might agree to mediation and adjourned the matter to February 2.
A Wexford woman got a driving licence while disqualified in her married name.
Bridget Connors (27), 21 Melrose Court, Wexford, appeared in Bray District Court last Thursday.
She was parked at the Boghall Shopping Centre on Boghall Road on January 15.
She produced a licence which was in her married name however she was banned for six years in March 2011.
She produced an insurance policy at the scene but the policy said it’s only valid with a full licence and not when the person is disqualified.
Barrister Jordan Fletcher said that under EU law, if she had crashed a third party would have been paid therefore she was covered.
The judge did not accept the application and said he would convict Connors.
Mr Fletcher said that his client is a separated single mum and asked for a probation report.
She has two broken vertebrae due to an accident so may not be suitable for community service.
Judge David Kennedy adjourned the matter to March 26.
Gardai looking for a biker who made off at speed ended up with a search warrant at the home of Briain Kelly (24) of 11 Ard Na Mara, Kilcoole.
Garda Mark Donohoe told Bray District Court last Thursday that he saw a black motorbike driving at speed at Charlesland Road on a date in April
They activated the blue lights and siren but the bike sped off and got away.
A similar incident occurred on a different date in April when the bike mounted the bath in Kilcoole and made off at speed.
Gardai seized a bike at 11 Ard Na Mara. The bike had no plates and in the hot press they found a registration cert for a bike with a different licence plate number.
‘I’m not tellin yiz,’ Kelly told gardai when asked who was driving the bike on the dates in question.
‘You’ll have to get faster cars or better drivers to keep up with that bike.’
The court heard that Detective Sergeant Malachy Crowley originally obtained a warrant for number 15 but gardai then saw the bike outside number 11 so he returned to court for another warrant.
The defence said that gardai came in while Kelly was off getting his mother, and took him by the scruff of the neck, pulling him down the stairs and into the kitchen.
However, gardai said that it was peaceful and no force at all was used.
Detective Sergeant Crowley said that Kelly answered the door. ‘I asked was his mother there. She came to the door and I handed her the warrant.’
Det Sgt Crowley added that Kelly was abusive to the gardai and towards his mother. ‘He gave fierce cheek to his mother,’ he said.
Kelly’s mother, Angela Hand, admitted that her son is a ‘hot head,’ and said he was upset on the day.
She also said that if they had just asked her they could have come in to the house.
‘There was no need for their conduct. I thought that the child was after robbing a bank or something. It is very traumatic to have your home raided.’
Judge David Kennedy found Kelly guilty of two counts of failing to give information to the gardai. He was admitting having no insurance as the owner of the vehicle.
Judge Kennedy handed down two fines of €1,000 each.
He also banned him from driving for three years.
Drunk and disorderly
James Howlin (22), 20 Richmond Park, Herbert Road, Bray, was fined €400 last Thursday for drunk and disorderly conduct.
The court heard that at around 2.30 a.m. on June 15 at Deerpark in Bray Gardai were searching the area to investigate an unrelated burglary. Howlin was one of a large group of people who shouted at the patrol car.
A Shankill man who parked on double yellow lines has been fined €180.
Peter Brennan, ‘Narrow Meadow,’ Dublin Road, Shankill, was not present at Bray District Court last Thursday.
The parking occurred at Duncairn Terrace on May 1.