DISTRICT COURT
ROUND-UP
Warrantsfortrio
Bench warrants have been issued for the arrest of three people similarly charged with theft as a trespasser.
John Connors (19), 7 Cherryfield Walk, Hartstown, Dublin 15; Mary Connors (35), ‘Alainn’, Unit 5, Block C, Gleann na hEorna, Tallaght, Dublin 24, and Michael Connors, Bremore, Pastures Green, Balbriggan all failed to appear in court
A solicitor for the accused said they ‘have made it clear they won’t be in Dundalk any time soon, as there is a threat to their lives.’
The offence they are accused of is alleged to have occurred at The Bungalow, Castletown Road, Dundalk, on 3 June, 2015.
It was indicated to the court by the solicitor that the defendants will plead guilty, and are seeking a transfer of the case to Drogheda; which prompted Judge Brennan to remark he had never heard such instructions before.
Sgt Fintan McGroder added bench warrants are already in existence for Mary Connors and Michael Connors.
Shopliftingfine
Charles McDowell, 26 Slieve Foy Park, Muirhevnamor, has been fined €200 for a shoplifting offence which occurred at Lidl, Avenue Road, Dundalk, on 8 July, 2015. He paid €33, his share of compensation. The defendant has three previous convictions for public order matters.
Morecompo required
Ian Mostyn (23), 47 Cluain Fadha, Lis na Dara, Dundalk, has had his case further adjourned to 19 October for the payment of more compensation.
The matter had been put back for a report, after the defendant pleaded guilty to an assault charge, which arose out of an incident in Courtney’s bar, Park Street on 12 May, 2014.
Peter Lavery, a solicitor for the victim, confirmed a sum of €3,000 has been received, but it is anticipated the bills will rise up to €4,000.
Mostyn’s solicitor, Conor McGuill, said his client wishes to repeat his apology. He regrets the incident, and appreciates further compensation is required. He is in third-level education, and in summer employment.
Suspended sentences
Three-month suspended sentences have been imposed on Paul Smyth, Millgrange, Greenore, when his case came up for review.
It related to two public order offences at Millgrange on 21 December, 2015; and two at Dundalk garda station on 22 February, 2016.
In suspending the sentences for six months, Judge Brennan warned Smyth not to get into any more trouble in the meantime.
Noseat-belt
Lisa Sharkey (26), 202 Greenacres, Avenue Road, Dundalk, has been fined €75 for not wearing a seat-belt while driving on 11 December, 2015.
She was stopped by Garda Paul Carrigy at River Lane, Dundalk, and he said a fixed penalty notice, which subsequently issued, was not paid.
Disqualifiedfor noinsurance
Michael Taaffe (27), 531 Ashling Park, Dundalk, has received a six months sentence, suspended for 12 months, for driving without insurance at Patrick Street, Dundalk, on 1 November, 2015.
The defendant, who has 16 previous convictions, was also disqualified from driving for three years.
Smallquantityof cannabis
A fine of €200 has been imposed on John McDonagh (27), 8 Cooley Park, Dundalk, for unlawful possession of €20-worth of cannabis resin at Barrack Close, Barrack Street, on 26 May, 2015. He has three previous convictions. Solicitor Frank McDonnell said his client was in the company of others, and took responsibility for the drugs.
Drugscase adjourned
‘This kind of evil activity is what has the world the way it is, to a large extent,’ Judge Brennan remarked during the case of a 19 yearold youth, who has pleaded guilty to unlawful possession of cannabis, and possession of the drug for sale or supply.
Trevor Robinson, 70 Long Avenue, Dundalk, had the matter adjourned to 5 October next, after the judge said he wanted to see probation and medical reports.
Garda Hugh Jordan said he searched the defendant’s house at 70 Long Avenue on 25 July, 2015, and found 6.9 grammes of cannabis, valued €139, which was hidden in a shoe box in Robinson’s bedroom.
He also discovered a list of various amounts of money owed, a phone with messages on it, asking for cannabis, and 200 small plastic bags.
Gda Jordan added there are no previous convictions.
Solicitor Conor McGuill said his client is engaging with the regional skills and training centre, and Fás, with a view to getting employment.
Community service
A sentence of 200 hours community service, in lieu of four months imprisonment, has been imposed on Clive Duffy (49), 45 Clancullen Park, Dundalk.
He has also been disqualified from driving for six years.
The defendant previously pleaded guilty to a number of motoring charges, relating to an incident at Park Street, Dundalk, on 12 October, 2014.
These included driving while disqualified, and four hit and run offences.
The court heard he was disqualified for 10 years in 2011.
Burglarycharge dismissed
A Dundalk man has been found not guilty of burglary, arising from a break-in at W. Lawless and Candy Store, Park Street, Dundalk.
Judge Brennan dismissed the charge against Christopher Traynor, 32 Pinewood Grove, Bay Estate, Dundalk.
Previously, CCTV evidence was shown in court of a figure, dressed in a hoodie and hi-vis jacket, getting in through the front door of the shop and going around a counter.
This person then opened the till before breaking the glass in the door between the Candy Store and the barbers, from where €1,000 in an envelope was taken.
Also stolen were 40 Zippo lighters, estimated to be worth €1,220.
The investigating officer said he showed the video to members of the detective unit, one of whom identified Traynor.
Traynor denied he was the individual in the footage.
On 4 December last, two days after the break-in, gardai searched Traynor’s house, and found a hi-vis jacket and hoodie.
He was searched, and officers found an aerosol of lighter fluid and €350 in fifty-euro notes on him.
Giving his decision, Judge Brennan said he is not satisfied beyond doubt it is Christopher Traynor in the CCTV he viewed.
Also, he is not sure the garda evidence is adequate on its own.
He dismissed the charge.
Drovewhile disqualified
A 68-year-old man has received suspended sentences for a number of driving offences.
John Kirk, Drumkeith, Inniskeen, had admitted having no driving licence, no insurance and driving while disqualified at Channonrock, Louth Village on 27 September, 2013.
Barrister Irene Sands said her client is a widower, and understands he shouldn’t be on the road. He has shown remorse.
Judge Brennan imposed six-month sentences, suspended for two years for no insurance and driving while disqualified, in addition to 10-year driving disqualifications.
For having no driving licence, Kirk received a three-month suspended sentence.
Fireworkcharge
A 16 year-old boy, accused of igniting a firework at The Liberties, Carlingford, on 1 November, 2015; has had his case adjourned to 13 September next.
Sgt Fintan McGroder requested the adjournment to get a direction on the file from the DPP.
There was no objection by defence counsel.
Socialwelfare fraud
A 52-year-old woman has been sent forward for sentence to the circuit court on eight of 20 charges relating to social welfare fraud.
Tara McKenna, Channonrock, Dundalk, signed pleas of guilty on eight sample counts.
State solicitor Fergus Mullen said the offending in question covers a period from 22 February, 2012 to 30 September, 2013; and concerns jobseekers’ allowance in the amount of €31,285.
The accused was sent forward to the circuit court in Dundalk on 4 October next.
The balance of 12 charges was adjourned to 2 February, 2017.
Markedoilfine
David Taylor (57), 2 New Street, Dundalk, has been fined €2,500 for having marked oil in his vehicle, which had a fuel sample drawn from it at Ballymascanlon on 9 March, 2015.
He admitted ownership of the vehicle, and co-operated with customs officers. He has no previous convictions.
Judge Brennan mitigated the fine fully, and recommended further mitigation.
Madenotax returns
A fine of €1,250 has been imposed on Paul Callan (48), Tullycahan, Louth Village, on one count of failing to make Income Tax returns.
It was stated the returns had since been made, and that the defendant has no previous convictions.
Dumpedboxof rubbish
Charles Christopher McDonagh, 102 Mullaharlin Park, Dundalk, has been fined €300 for a creating litter offence.
The defendant, who failed to turn up in court, has also been ordered to pay Louth county council expenses of €470, and €250 costs.
Litter warden Eugene Birch gave evidence that following a report, he went to Red Cow, Dundalk, on 25 February last, where he found a box of waste.
In it, he discovered social welfare receipts in the defendant’s name.
There was no response to a fixed penalty notice which subsequently issued.
Rottweileronthe loose
A dog owner has been fined in his absence on charges of not keeping a Rottweiler under effective control and not having a muzzle on the animal.
Rolandas Zenkaovas, Bawn House, Bawn, Castlebellingham, was fined €250 on each of the two charges, and ordered to pay Louth county council costs of €350, and €180 expenses.
Evidence was given the Rottweiler, a controlled breed, was seen out at Bawn unaccompanied and without a muzzle, on 29 January last.
Peter Thomas said the dog was loose on the road, and it followed him in his vehicle, before running in to a property.
He drove back up the road, and the dog came out again and followed him.
Mr Thomas added this was not the first time the dog had been loose on the road.
Notaxreturns filed
Marc Finnegan (31), Cullenstown, Readypenny, Dundalk, has been fined €2,000 on each of two summonses for failing to make Income Tax returns.
State solicitor Fergus Mullen said the returns have still to be filed. The defendant was not present in court.
Judge Brennan also directed he file returns within 30 days.
Soldcigarettes toaminor
A 15 year-old boy was able to buy cigarettes from a shop, which resulted in a prosecution by the Health Service Executive (HSE).
DFA Nilson Trading Ltd, 5 Jocelyn Street, Dundalk, pleaded guilty to charges of selling tobacco from a premises unregistered with the HSE, and of selling 20 John Player Blue to a minor.
Also summonsed was Brendan O’Hare (27), Brohatna, Ravensdale, the person who sold the cigarettes.
Fionnuala Sheeran, an environmental health officer, said she observed the sale by Mr O’Hare to a 15-year-old male volunteer in the XL Stop & Shop, 5 Jocelyn Street, on 18 June, 2015. No identification was asked for. The shop is operated by the defendant company, which is now registered as a tobacco retailer since 31 August, 2015.
Solicitor Paul McArdle said Brendan O’Hare had been working in the shop for nine months prior to this, and is unemployed since.
He was naive, and apologises for what happened.
DFA Nilson Trading Limited has a nine-year lease on this small shop, Mr McArdle continued, and the operators live above the premises.
The company has never been in trouble before and has rectified matters.
Judge Brennan fined the company €200 on the first charge, and ordered it pay €2,169.45 costs and expenses.
The second charge was struck out. He also prevented the shop from selling tobacco products on three specific days.
Brendan O’Hare was fined €50.
Driver’s ‘appalling’record
A 34-year-old motorist has been sentenced to a total of eight months imprisonment, and disqualified from driving for 10 years.
Judge Brennan noted Michael Ward, a father of five, from Headford House, Dunleer, has an appalling record, and was disqualified at the time of this offending.
The court heard that on 9 February, 2016, he was driving a Ford Fiesta which collided with a wall on the Ballymakenny Road in Drogheda.
He left the scene before gardai arrived. Peter Hynes, a passenger in the vehicle, suffered a broken arm and hand.
Ward had no insurance and other documents when stopped at Ardee Road, Dunleer on 24 October, 2013, while he initially denied driving at the time of a two-vehicle traffic accident which occurred near the Crowne Plaza hotel in Dundalk.
He got out of one of the cars and walked away. He was subsequently arrested, and provided a breath specimen which showed a readig of 50. The accused has 109 previous convictions. Solicitor Niall Breen added his client is originally from Dunleer, and is currently serving a five-months sentence in Midlands prison, where he is attending AA.
He had a good relationship with Mr Hynes who is marrying his niece.
The judge imposed four sentences of fourmonths each, two of them consecutive.
Shopunlikelyto re-open
A north Louth shop which closed two months after selling cigarettes to a minor, is unlikely to open.
Lorcan Mulligan, 27 O’Reilly Park, Killeen, Newry, owner of Siopa Lorcan, Shore Road, Omeath, pleaded guilty to two summonses brought by the Health Service Executive (HSE), in relation to a 15-year-old male volunteer purchasing 20 Mayfair cigarettes and failing to keep tobacco in a closed container or dispenser.
Fionnuala Sheeran, environmental health officer, said she observed the test purchase on 18 June, 2015.
Mary Killalea, No 1, Clocha Tra, Omeath, told her she was helping out on the day, and didn’t realise the customer was under 18.
Ms Sheeran added the cigarettes were taken from a shelf.
Solicitor Frank McDonnell said Mr Mulligan was not present at the time. He is in poor health, and closed the shop in August, 2015. He added the premises is unlikely to re-open. A charge against Mary Killalea has been adjourned to 5 January, 2017, when it is ‘likely to be struck out.’
Lorcan Mulligan was fined €50 on the first charge, and ordered to pay €2,157.65 costs. The other summons was struck out.
He has also been prevented from selling tobacco on three specific days.