DISTRICT COURT ROUND-UP
From our reporter at Sligo Courthouse
36-year-old had €3,000 of cannabis in boot of his car
A south Co. Donegal man who was caught with €3,030 of cannabis in the boot of his car had his case struck out at Sligo District Court on payment of €1,000 to a local charity. Shane McWhinnie, 36, from Main Street, Dunkineely, pleaded to possession of the drugs at Ardloy, Riverstown, Co. Sligo, on December 3 last year.
The defendant told gardaí that the drugs were for his own personal use. A charge of having the drugs for sale or supply was struck out.
The court heard the defendant’s Volkswagen Golf was stopped in the townland of Ardloy after Garda Ruddy noticed the driver’s window was wound down in the car.
The garda stopped the car noting that the driver was outside the Covid limits as he was from County Donegal. The officer got a strong smell of cannabis from the vehicle.
On a search he found €3,030 of cannabis in the boot.
The defendant was later charged. Defence solicitor Edmund Henry said the defendant had a very good educational background and was very much involved with local sports people in the Dunkineely area. He said: “He should have more sense, with his educational background.”
Judge Deirdre Gearty said: “This is a serious amount.”
Mr Henry said his client worked as an engineer on large fishing trawlers that went from Killybegs down to the west coast of Africa.
The drugs were a way of coping with the long periods at sea.
The defendant had some negative influences around that time but had reconnected with his better peers and had cut these other negative influences.
This matter had caused him serious embarrassment and he came from a very well-respected family in his home area.
The defendant took full responsibility and co-operated fully with gardaí.
The defendant was 36 and had a very good previous record. He was involved in taking care of young children in sport and had got a commendation. The defendant was a very active community man.
He was intending to go to Canada and Australia in relation to his work. This matter could have serious consequences for him.
He had a sum of €500 in court. Judge Deirdre Gearty said the defendant would have to dig a bit deeper than that and ordered that he pay €1,000.
The defendant already had €500 bail money in court.
The €1,000 was paid to Social Ground Force and the charge of possession of cannabis was struck out.
Ballymote man and woman sent to the Circuit Court
A Sligo man and woman have been returned for trial from the district court to the next sitting of the circuit court on fraud-related charges.
Noel Muldoon, 70, from Rathdooney More, Ballymote, is charged with using an instrument which he knew to be false for the registration of a Case tractor at the Revenue Commissioners office in Cranmore on April 7, 2009.
The defendant is also facing an identical charge on the same date and at the same location.
He is also charged with submitting a false invoice purporting to come from Cormac Leonard Commercial Vehicles and Machinery Sales, which he knew to be false, on the same date and at the same location. And the defendant is facing an identical charge on the same date and at the same location.
He is further charged that on a date unknown between February 1, 2010, and April 19, 2010, at Rathdooney More he dishonestly induced Trevor Carter to buy a Case tractor which had been falsely registered to give the impression that it was a newer vehicle.
And he is charged with having property worth €14,300, knowing that it was the proceeds of criminal conduct, on April 19, 2010.
In a connected case, Linda Muldoon, 68, of Rathdooney More, is charged with possession of property €14,300 at that location on April 19, 2010, knowing it was the proceeds of criminal conduct.
Sergeant Derek Butler applied for a return for trial for both parties to the next sitting of Sligo Circuit Court after books of evidence were served on both parties by Garda Joe Evans. Judge Deirdre Gearty returned both defendants for trial to the sitting of Sligo Circuit Court on November 16. An application for one counsel was granted in each case.
Wicklow man fined and put off road for drug driving
A Co. Wicklow man has been convicted and fined for drug driving, at Sligo District Court.
Jason Connolly, from Lathaleer, Baltinglass, Co. Wicklow, pleaded guilty to the offence that happened on September 16 last year at Ballydrehid. A charge of possession of drugs on the same date was withdrawn.
Sergeant Derek Butler told the court that gardaí were responding to a call that males were selling alarms door to door in Ransboro. The defendant was spotted in a car with its lights turned off at Ballydrehid. There was a strong smell of cannabis in the car and the defendant admitted having the drugs in his car.
He subsequently tested positive for cannabis after a blood test.
Defence solicitor Tom MacSharry said his client co-operated fully, had issues in the past, knew this was a serious matter and wanted it dealt with as soon as possible.
Judge Deirdre Gearty fined the young man €250 and banned him from driving for a year.
Boyle woman, 30, is facing a string of theft charges
A Co. Roscommon woman who is facing 13 theft-related charges was remanded on bail at Sligo District Court for service of a book of evidence on November 4
Josepha Malone, 30, of Quay West, Cootehall, Boyle, is charged with stealing an ink roll cassette worth €79.44, property of Michael Drury, at Fermoyle, Calry, on February 17 last year.
She is also charged that on February 19 last year she booked a basic bookkeeping and taxation course in her name valued at €20, the property of Michael Drury.
She is charged with stealing a pair of “hot chocolate design” ladies’ shoes valued at €78.35, the property of Michael Drury, on February 7 last year.
She is charged with stealing on January 29 last year a set containing three wicker baskets valued at €95.31, again the property of Michael Drury.
She is also charged with stealing on February 8 last year cosmetic container pots valued at €63.86, the property of Michael Drury.
She is charged with stealing on February 15 last year three broker ink cartridges and two silicone cake mounds valued at €200.64, the property of Michael Drury.
On February 11 last year, she is charged with stealing various herb products valued at €44.31, the property of Michael Drury.
She is also charged with booking a course on how to start your own business in her own name, valued at
€50, the property of Michael Drury. On February 20 last year, she is charged with stealing a pair of sunglasses worth €85.44, the property of Michael Drury.
She is charged with stealing on February 14 last year Apple Airpods worth €200.64, the property of Michael Drury
On February 15 last year she is also charged with stealing two packets of silicone cake decorative mounds valued at €25.16, the property of Michael Drury.
On November 5 last year, she is charged with stealing five cleanseoff mitts worth €31, the property of Sinead McHugh.
On February 10 last year, she is charged with stealing one pair of ladies’ hiking boots valued at €36.05, the property of Michael Drury.
The defendant was represented by solicitor Tom MacSharry and the case was put back to November 4 for the service of the book of evidence.
Two men to come up with €350 each or get convictions
A young Riverstown man who recorded a garda on his phone while the garda was dealing with a related matter has been told to come up with €350 for Social Ground Force in two weeks. If he does so he will get the Probation Act.
James Markham, 21, from Ardkeeran, Riverstown, was charged with being intoxicated at Castle Street on October 2 last year. A charge of disorderly conduct was dismissed.
His co-accused Stephen Quigley, 22, of Ross Road, Riverstown, was charged with using threatening and abusive behaviour on the same date and same location.
Charges of refusing to give his name and address and of being intoxicated were struck out.
This defendant was given an identical verdict by Judge Deirdre Gearty.
Both defendants tendered guilty pleas.
Sergeant Derek Butler told the court that Garda Fitzgerald was dealing with Stephen Quigley on a public order matter when Markham came on the scene and put his phone in the garda’s face and was filming him. He continued to record the arrest and the garda took the phone from him.
The court heard that Stephen Quigley was shouting and highly abusive to the garda and refused to give his name. He was arrested. Judge Gearty remarked that Markham had decided to film the matter.
Defence solicitor for both defendants Mark Mullaney said that Quigley was probably the more drunk of the two and Markham intervened. They were both 21 and it was “the overexuberance of youth”.
Both defendants had instructed Mr Mullaney to apologise to Garda Fitzgerald on their behalf.
Judge Gearty said that could have been done before they came to court. Mr Mullaney said the two young men, both apprentice mechanics, were remorseful.
Judge Gearty said if the defendants came up with €350 each in a fortnight, they would get the Probation Act. If not, they would be convicted and fined €350 each.
The judge said it was not acceptable for a person who was doing their job to have someone come and stick a phone in their face.
Woman who left court fined €150 for abusive behaviour
A Ballymote resident has been convicted and fined for a public order offence in her absence at Sligo District Court.
Tania Hynes, 39, from Cornmill Park, Ballymote, had originally tendered a guilty plea but seemed to change her mind in court and left the court as she said she had an appointment in Dublin, the court heard.
She was charged with using threatening and abusive behaviour and being drunk and a danger to herself and others.
Judge Deirdre Gearty ordered that the guilty plea be vacated in the circumstances.
Garda Ruddy said he was on duty in Ballymote Garda on May 28 this year at 2.40am when he got a 999 call and the caller appeared to be drunk. The garda went to the location and met her partner, who was sober.
The defendant verbally abused the gardaí and told them to”f *** off” more than once. Her actions attracted the attention of neighbours.
The defendant was arrested and taken to Ballymote Garda Station, where she was charged.
She had apologised for her actions before she had left the court.
The defendant had previous convictions for public order matters and one conviction for having drugs for sale or supply.
Defence counsel Kathleen Henry said that her instructions were that the defendant had been pinned to the bed earlier by her partner and she was agitated. The defendant was drunk, was a mother-of-four who provided for her children, and it was the anniversary of the death of a baby. She had apologised to the gardaí.
Judge Deirdre Gearty repeated that she was not taking the guilty plea. The judge fined the defendant €150 on the threatening and abusive behaviour charge and took the intoxication charge into account. The judge fixed leave for circuit court appeal at €100 bond and €100 cash.