DISTRICT COURT ROUND-UP
From our reporter at Sligo Courthouse
Man, 43, was “ossified” with drink
Sligo District Court heard a man with multiple public order convictions was described as “completely ossified” with drink when he banged on the door of apartments in the town.
Shane Kelly of Kilmore Willows, Ballyjamesduff, Co Cavan was before Sligo District Court charged with intoxication in a public place at Citygate Apartments, Mail Coach Road, Sligo on September 6, 2022.
The court heard gardaí attended the scene where a drunk male was banging on the door of an apartment. He was highly intoxicated, unable to stand up and there was a strong smell of alcohol from him. He couldn’t explain why he was there and was arrested and conveyed to Sligo garda station where he was later charged. He had 107 previous convictions - the vast majority of which were for public order.
Defence solicitor, Eddie Henry said his client had a problem with alcohol. He was from Sligo originally and when he returned home to the town, it triggered something, and he would begin drinking again. This is what happened, and he got himself in that state. He had no idea where he was and was “completely ossified”. He had attended a 12-week course at Cluain Mhuire and was returning there for a final treatment.
Mr Kelly told the court he was two years sober up to that point. He had a job and was waiting for the doctor to tell him how he could return to work. He was on illness benefit.
Judge Vincent Deane said it was good he was making progress and wished him luck with it. He convicted him imposing a fine of €120 with six months to pay. Mr Henry thanked him for dealing with matters so compassionately.
Ex-care worker stole from wheelchair user
A former care worker who stole money from a wheelchair user at his home appeared before Sligo District Court.
John Foley (57) of Caisleán Oir, Sea Road, Sligo was charged with entering a building as a trespasser and committing an arrestable offence at 15 Nazareth Village on April 23, 2021. Sergeant Derek Butler told the court a resident of Nazareth House, a Mr Joseph Kelly who is wheelchair bound, was sitting in his living room when he heard a knock at the front door. When he went to answer it, there was nobody there and as he was returning to the room, he heard a noise behind him and had to wheel down the hall to where he heard it. By the time he got there, he saw a male leave and noticed drawers disturbed in the room with a sum of money missing.
Using CCTV gardaí got a make and model of the vehicle used which staff at Nazareth House recognised as belonging to a former care worker. Gardaí called to the defendant who attended a voluntary cautioned interview and made a full admission.
He produced the €280 cash he had taken from the spare wheel in his vehicle and returned it to gardaí.
Sgt Butler explained Mr Kelly had cerebral palsy and would not be a witness.
Defending solicitor, Gerard McGovern said his client had addiction issues and took the money because he needed it. He had told him he was “sick to his stomach” and never did anything like it before and apologised to the man. He had lost a young child a few years ago. He was very remorseful and fully cooperated with gardaí.
Judge Vincent Deane said to the solicitor, “it is a lousy offence - a particularly abhorrent act taken by your client who took advantage of someone seen as vulnerable.”
The judge said the sentence had to reflect that fact and noted there were no previous convictions. He convicted him to three months in prison, suspending it for a period of two years and put him on his own bond of €200.
Charged with intoxication at Rockwood Parade
A man was before a local court charged with intoxication in a public place and the theft of a can of lager at Aldi supermarket and intoxication in a public place.
Aaron O’Donoghue (37), of Rathmadder, Gurteen was before Sligo District Court charged with intoxication in a public place at Rockwood Parade on July 17, 2022.
He was further charged with theft of a can of Halne lager to the value of €2.76, the property of Aldi on May 13, 2022.
The court heard how gardaí received a report of two males entering the supermarket at 1pm and how a can of lager was taken. They identified the man via CCTV footage and arrested and cautioned him on May 14.
He said “I put my hands up – I did it.” The defendant had five previous convictions mainly for public order. He fully cooperated with the gardaí. Defence solicitor, Eddie Henry said his client was a social welfare recipient who had battles with addiction and difficulties in that he was recovering from pneumonia. He knew he had a serious addiction and was trying to deal with it.
Judge Vincent Deane convicted him imposing a fine of €150 with six months to pay and taking into consideration the theft charge.
Woman shouted and swore at gardaí
A woman who shouted and swore at gardaí publicly apologised to them at Sligo District Court.
Clodagh Rooney (34), of Gortaderry, Grange was charged with intoxication in a public place and engaging in threatening, abusive or insulting words or behaviour at
Wine Street carpark on September 13, 2022.
She was further charged with engaging in offensive conduct while lying on the road, shouting and name calling at gardaí and refusing to desist.
She also refused to give her proper name or address.
Sergeant Derek Butler told the court gardaí responded to a call about a couple refusing to leave a licenced premises who were then seen driving away.
When they intercepted them, the driver who they now know as Ms Rooney, she exited the vehicle. She was highly intoxicated and demanded to know why they were stopped, continuously shouting that her father was a solicitor.
She called the gardaí “******* retards” with “nothing better to do”. She proceeded to lay on the roadway. Garda Denis Fitzgerald arrested the defendant and conveyed her to Sligo garda station where she was subsequently charged.
The court heard she had no previous convictions.
Defending solicitor, John Anderson said his client had apologised to Garda Fitzgerald, and furnished a letter of apology and one from her GP to the court.
Ms Rooney apologised publicly in court saying she was so sorry for what happened and if she hadn’t been drunk, it would not have happened.
She also apologised for being drunk on the night saying, “I feel absolutely terrible in myself, how
I behaved...I’ve taken steps so this won’t happen again…I’m so sorry to the guards for what happened.” Mr Anderson said she was a 34-year-old woman and acknowledged she previously had charges struck out however, she hadn’t received the benefit of the court before.
She had €600 with her in court by way of a charitable donation should the court accept it.
Judge Vincent Deane said to Mr Anderson he didn’t know if he was helping his client and certainly didn’t want to be an “enabler” adding there would be no more strikeouts – that was over.
Following an adjournment, Judge Deane said he gave the matter some thought.
He convicted the defendant in relation to the intoxication charge imposing a fine of €300 with six months to pay and taking into consideration the other charges. He added another €300 would be welcomed for a charity donation if the defendant wanted to pay.
Threatened to burn house during altercation
A Tubbercurry man came before Sligo District Court charged with threatening to damage the home of his former partner.
The court heard David Skeffington (32), of Rathscanlon, Charlestown Road, Tubbercurry appeared in court
charged with threatening to damage the home of his former partner in a way in which he knew was likely to endanger her life at Silverdale, Ballinacarrow on December 21, 2020. The court was told gardaí responded to a report that a man had threatened to burn a house.
He was further charged with intoxication in a public place and engaging in threatening, abusive or insulting words or behaviour at the same location and on the same date.
The court heard gardaí received a complaint in relation to a man threatening to burn a house during an altercation with his former-partner. He was also very abusive towards her, calling her lots of names. Defending solicitor, Gerard McGovern said his client had called to his ex-partner’s house to see his two children.
He was there a number of hours painting rooms and she gave him four or five cans of beer while he was painting and a couple more cans when the job was done.
He couldn’t handle it and when a bottle of gin was mentioned and she wouldn’t give it to him, it was thrown into a field adjacent to the house. He went into the field, drank the gin and “lost his mind” with his ex and a neighbour. Mr McGovern said he had a problem with alcohol but was an “absolute gentleman” without it. Judge Deane said the problem was you couldn’t have a drinking condition and also be an absolute gentleman.
He convicted him of the criminal damage offence sentencing him to six months in prison suspending it for a period of one year.
The conditions attached to his bond included he seek rehabilitation with a step-down facility, seek advice and guidance on accommodation, attend anger management, attend a programme on the effect of domestic violence on children, attend with probation services and adhere to their requirements.
He struck out the other matter.
Driver charged with offences on two different dates
A driver was charged with offences on two different dates almost one month appeared at Sligo District Court.
Brandon Smith (25), of New Caltragh, Sligo was charged with a hit and run and failing to give appropriate information to a garda, failing to stop and failing to stay at the scene at High Street, Sligo on August 18, 2021. He was also charged with possession of cannabis herb to the value of €50 at Mail Coach Road, Sligo on September 20, 2021.
He was also charged with drug driving at the same location and on the same date.
The court heard the Garda Roads Policing unit stopped a silver Opel Corsa at a checkpoint.
A roadside test returned a positive reading for cannabis.
The driver had a provisional licence and was unaccompanied. He admitted the offence and was subsequently conveyed to Ballymote garda station where a sample was taken and returned a positive reading for cannabis.
The court heard he had no previous convictions.
In respect of the failure to remain at the scene of the incident, gardaí attended the scene of a two-vehicle collision where one male left the scene.
On arrival, they met the other driver and passenger. The defendant had turned left down High Street when he struck them from behind. They gave the registration of an
Opel Corsa.
After he had taken the details, Garda McNulty looked at CCTV from Inishfree House and it was clear the Corsa came down the street, struck the other car and failed to stay at the scene.
He contacted the man and gave him a chance to make a statement under caution, which he did. He admitted full liability and was very sorry.
Defending solicitor, Tom MacSharry said his client was from an excellent family and his parents were with him in court.
It was a “watershed moment” for him - he was experimenting with cannabis at the time which he didn’t do anymore. He had three children and worked part-time at a local food outlet. The loss of his licence would cost him dearly. In respect of the other charge, he made full admissions and co-operated with gardaí when notified.
There was a small amount of damage to the other car. He was distracted by his child in the back seat. Judge Deane commented that mitigation made it worse, and Sergeant Butler pointed out it was a one-way street for some time now.
Judge Vincent Deane convicted the defendant, disqualifying him from driving for one year and imposing a fine of €200 with six months to pay. On the failure to stop offence, the judge disqualified him from driving for one year taking into consideration the other charges and setting a recognisance bond of €100.
Man had borrowed friend’s jeep to get to work
Lee Patrick Regan of Racecourse View, Cranmore was charged with not having a driving licence, failure to produce a licence, no insurance, failure to produce insurance and no tax when he was stopped at Finisklin Road, Sligo on March 15, 2022.
The court heard Garda Enda Hannon stopped the defendant who was driving a Nissan Qashqai and his driving documents were observed to be out of date.
A lawful demand was made to produce them, and a fixed penalty charge notice was issued which remained unpaid.
The court heard he had ten previous convictions, mainly for road traffic offences.
Defending solicitor, Eddie Henry said his client’s previous convictions were predominantly historic and he had “fallen between two stools”. In relation to the driving licence, it ran out during Covid and an extension was given during a six month period then. He subsequently got a new one which the solicitor handed into court.
He had borrowed his friend’s jeep to get to his former workplace in Abbott at Finisklin industrial estate. He took a chance, and it was the one and only time he drove it.
He subsequently took an insurance policy out on that vehicle but a later date when he purchased the vehicle from his friend. Mr Henry asked that in the circumstances, the court exercise its discretion as his client had no previous insurance.
He was a chef by trade, had got his act together and was actively seeking employment. There was an advantage in having a car to find work and be able to travel there.
Judge Vincent Deane convicted the defendant imposing a fine of €500 with six months to pay however, he declined to disqualify him from driving.
Mr Henry said he very much appreciated it.