Bray People - - NEWS -

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.

Cannabis pos­ses­sion

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.

Care­less driv­ing

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.

Theft con­vic­tion

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.

‘Dis­grace­ful be­hav­iour’

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.

Gotli­cen­cein mar­ried­name

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.

Mo­tor­cy­clist fined€2,000

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.

Il­le­gal park­ing

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.

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