DISTRICT COURT

ROUND- UP

Legal aid is refused but also granted

A man charged with a Public Order offence was refused legal aid as he recently received a High Court settlement but he was told he could get legal aid on other charges.

Before the court was Jimmy McMorrow of The Cloisters, Abbey Street who is charged with engaging in threatening, abusive or insulting behaviour at High Street on January 25th last.

The defendant’s solicitor, Mr Gerard McGovern argued that McMorrow was entitled to legal aid. He was in receipt of a social welfare payment and this was assessed on the basis of the Department knowing he had received a High Court aware in December 2015.

The court heard the defendant received € 35,000 net from the settlement of a High Court action which was the result of his being assaulted in the yard of Castlerea Prison.

A short time after receiving the cheque the defendant lodged it in an account for his son who would be 18 soon.

Judge Kevin Kilrane said he believed this transaction was not done for a bona fide purpose but for a combination of receiving social welfare and legal aid “or otherwise.”

The defendant told the court that he was trying to give his son a head start in life which he hadn’t got and he was looking at properties to buy for him, “somewhere cheap.”

He had bought anywhere yet and his son was coming into money soon himself.

Judge Kilrane said he was satisfied that McMorrow was the beneficial owner of that money still.

“The transfer was not bona fide and he still has access to it,” said the Judge.

Mr McGovern said he believed this to be grossly unfair. The defendant was receiving € 188 a week.

Even, if the defendant had full access to the money he would be entitled to legal aid said Mr McGovern.

Many people, who owned their own properties were rightly granted legal aid, he said.

He pointed out that the defendant had spent a lot of his life since the age of 7 incarcerated and this had been done in draconian times.

He now wanted a better life for his son, he added.

“I’m trying to help my son so that he doesn’t end up like me. It’s for him, not for me,” said McMorrow.

Judge Kilrane said he was satisfied the defendant had full access to the money transferred to his son’s account and was the beneficial owner.

“He has € 35,000 to discharge his legal fees and he is not entitled to legal aid in respect of a Section 6 charge. If it was a more serious charge then the matter would have to be looked at and where a sum of € 35,000 could well be swallowed up quite quickly,” he said.

Mr McGovern said there were other cases pending too and it was not just confined to a Public Order offence and he asked that all matters be put before the court this Thursday.

The defendant stated he was facing criminal damage, assault and violent conduct charges, one of which may be going forward to the Circuit Court.

Judge Kilrane said these were more serious charges and in those circumstances he would grant legal aid on those.

The Public Order case was adjourned for hearing to November 10th.

Speeding twice

A gym instructor was caught twice speeding in Ballinacarrow in the space of ten days.

Tracy Hughes of Victoria Place was summoned for travelling at 70kph in a 50kph zone at Ballinacarrow South on March 13th and at 84kph in the same location on March 23rd.

Hughes told the court that the fixed penalty notices were sent to her old address at the Fairways, Castlebar but she had got the one for the 13th of March after a Garda phoned her at work to say it had been handed in to Castlebar Station.

The defendant told Judge Kilrane that she currently had penalty points. She currently didn’t have a car.

The Judge fined Hughes € 60 for the offence on March 13th and struck out the other charge.

Collapsed during drugs search

A man whose house was searched for drugs collapsed during it and he had to be taken by ambulance to hospital.

Gardaí found € 600 worth of cannabis herb during the search of the home of Giles Forde, 20 Old Bundoran Road on December 3rd 2015 at 7pm.

He admitted a charge of having the drug for sale or supply.

Inspector Donal Sweeney said Forde, who was in the house with his partner, collapsed during the search and an ambulance had to be called for him.

He had previous convictions for drugs offences including a a sale or supply conviction in 2002 but there had been nothing since 2010, said the Inspector.

He said the defendant had been “on the radar” of Gardaí for some months and is name had appeared on the phones of users and dealers.

It was believed he ahd been active in the supply of drugs around town.

Mr Mark Mullaney, solicitor ( defending) said the defendant was a user and had told Gardaí during interview that not all of the drug was for him but also for a couple of friends.

The defendant had been a recreational user of cannabis like many young men, said Mr Mullaney.

Judge Kilrane imposed a sentence of three months, suspended for two years.

Banned

A driver caught travelling at 125kph in a 100kph zone has been fined € 300 and banned for one year.

Darren Wilson, Upper New Street, Sligo did not appear and was not represented.

He was charged with exceeding the speed limit at Hollybrook, Castlebaldwin on June 25th 2015.

Garda Ciaran Feeney said the defendant had a previous conviction for speeding and also for driving without reasonable consideration for other road users.

Drunk driving case dismissed

A driver charged with drunk driving had the case dismissed after the prosecution failed to submit a vital document as evidence.

Inspector Donal Sweeney told Judge Kilrane he had understood the doctor’s certificate in the case had been handed in but this wasn’t the case .

Judge Kilrane said the certificate was an essential proof and dismissed the case against John Reynolds of Caltragh, Dromard.

He was charged with drunk driving at Markievicz Road on October 4th last.

Garda Pat Ruddy gave evidence of stopping the defendant at 3.20am. The Garda said there was a strong smell of alcohol from the defendant and his speech was slurred.

The Garda had observed a Renault Laguna initially at Connaughton Road with its rear fog lights on. The night was clear and dry.

The car crossed the centre median as it drove along Lake Isle Road and turned into Stephen Street and Markievicz Road without indicating.

The defendant was subsequently arrested and brought to Sligo Garda Station where a doctor took a sample at 4.08am. The reading was 187mgs of alcohol per 100mls of blood.

At the conclusion of the prosecution case, Mr Justin McQuaid BL, instructed by Con O’Leary, solicitor applied for a dismissal of the charge on the basis that the doctor’s certificate hadn’t been handed in.

Judge Kilrane acceded to the submission and dismissed the case.

No Insurance

For not having insurance at Lake Isle Road on January 25th last, Karolis Gunka, 15 Woodtown Lodge was fined € 400 and banned from driving for one year.

Broke window

A man who broke a window in a house later threatened a Garda with a knife.

Jarslow Bielinski ( 19) of Martin Savage Terrace is charged with damaging a window to the value of € 300 at Doorly Park on January 23rd and with offences under the Public Order Act.

He is also charged with having a knife in the back garden of a house at Doorly Park where he was a trespasser.

Inspector Donal Sweeney said that at 11.30pm Gardaí were called to the area after reports of a window having been broken at a house at Doorly Park.

When Gardaí arrived, the defendant fled the scene, taking three knives with him.

He returned later at 1am and began arguing with the other resident living in the house and he took out a knife and threatened them.

Bielinski fled the scene once more and when he returned again, he threatened a Garda with a knife before running off and jumping into the back garden of a house.

He was subsequently arrested by Gardaí. The defendant did not have any previous convictions.

There was a Probation Report before the court and Probation Officer, Bridget Myles, in reply to Judge KIlrane on a query about community service, said there were loads of young men of different nationalities on various sites and that Google Translate was used.

“It’s basic stuff,” said Ms Myles referring to the type of work involved.

Bielinski was ordered to carry out 150 hours of community service in lieu of a two month jail sentence.

Row outside chipper led to man being chased and punched

A Garda observed a man chasing another man down the street and punch him several times after he was knocked to the ground.

As a result of an incident at Market Street on August 22nd, James O’Reilly of Carrnacluane, Geevagh was summoned for being intoxicated and with engaging in threatening, abusive and insulting behaviour.

Inspector Donal Sweeney said that at 12.30am Garda Gerard Dillon said the defendant chase after another man before knocking him to the ground.

The defendant hit the other man, who didn’t make a complaint, several times. The injured party was left bleeding from the nose.

The Garda tried to put handcuffs on the defendant and had them half on when he ran off.

The defendant was intercepted by Gardai who were passing in a patrol car.

Inspector Sweeney said the defendant received an adult caution in 2012 for an offence of threatening behaviour.

Ms Ita Lyster, solicitor ( defending) said the defendant had got involved in a brawl outside the Roberto’s chipper whilst on his way home.

He rose to the challenge of a fight, said Ms Lyster. O’Reilly, who wasn’t working, apologised to Garda Dillon after the incident.

He had been in Australia for a year and a half and had recently returned home to care for his father who had since passed away.

It was the defendant’s intention to return to Australia where he had been a steel worker.

Judge Kilrane said rows outside chippers had led to serious injuries and death in many cases. A single blow could cause a fatality, he said

The Judge said the defendant was cautioned in 2012 and had got involved in quite a violent incident and while the other man may not be a saint either, he had assaulted him and continued to assault him.

“He was anything but settled when Gardaí arrived,” said Judge KIlrane who fined O’Reilly € 300.

Remanded incustody on robbery charge

An 18 year old man has been remanded in custody on a charge of robbing a man in an alleged mugging in the centre of Sligo.

Harry Andrews of Glendallon, Ballytivnan is charged with robbing Michael Carney of € 180 at Rockwood Parade on September 7th last.

An application was made for bail by Mr Tom MacSharry, solicitor but this was opposed by Gardaí and Judge Kilrane remanded Andrews in custody to Harristown Court on the following day.

At this court, Andrews was further remanded in custody to appear again at there on October 7th.

Cocaine charge- guilty plea entered

A young man who admitted having cocaine for the purpose of sale or supply and who had since turned his life around has had his case struck out.

Mark Dolan ( 24) of Faught’s Lane, Calry admitted having the drug for sale or supply at his home on August 5th 2015.

Sergeant Niall Davey said a search was carried out at the house under warrant at 9.45pm. Cocaine valued at € 1,400 was seized along with € 1,740 in cash.

The defendant wasn’t present at the time but he later presented himself by appointment at Sligo Garda Station accompanied by his solicitor, Gerard McGovern.

Sgt Davey said a scales and a ledger with recordings in it were also seized.

The defendant had a number of JLO issues in his earlier years but there was nothing of note, said the Sergeant.

In reply to Mr McGovern, the witness said the defendant hadn’t come to his attention since.

It was witness’s information at the time that the defendant was a user.

Mr McGovern pleaded that the defendant had submitted himself to drug testing on nine occasions and produced certifcates of analysis from the Beaumont Hospital to show he was clear.

“He has no involvement in drugs now,” said Mr McGovern.

He said the defendant had a career lined up in the Defence Forces but he got a bad injury in 2004 which prevented him taking up this offer.

He became depressed over this and did get involved in the taking of drugs. “He got involved with others to feed a habit he got into,” said Mr McGovern.

“Sometimes young men will get involved with others who will use them,” he said.

The defendant was training regularly now and stood a good chance of getting into “another organisation” but it depended on the outcome of the court case, added Mr McGovern.

He stressed the defendant was not involved and was not taking anything now. “The tests are there from the Beaumont,” said Mr McGovern, adding that he was asking for some way forward for the defendant.

At 24, Judge Kilrane said it was time the defendant realised the dangers in all of this.

He struck out the charge “without prejudice” stating this meant it could be brought again if the defendant transgressed again.

The Judge ordered the money be given to two charities and that other items seized be destroyed.

Men admit assault in city centre nightclub

Two men have pleaded guilty to assault causing harm to another man in the smoking area of a Sligo nightclub.

James Noone ( 20) of Newtown-white, Killala, County Mayo and Shane Lynn ( 20) of 9 Cluain A Tobair, Irishtown, Claremorris admitted a charge of assault causing harm to Oisin Cogan at Sixth Nigth-club on October 23rd 2015.

Cogan told the court that he recalled being in the nightclub and walking to the smoking area and sitting down on a bench and “then I went to the Garda Station.”

Inspector Donal Sweeney asked the witness if he had made a statement to Gardai and he replied that he did.

The Inspector said he would then read it to the court. In it,

Cogan described having drank a “naggon of vodka” before going into the nightclub where he had two pints.

He went to the smoking area where he tried to chat to a girl.

A group of four to five men approached him as he was sitting on a bench and he was struck into the head and face.

He tried to fight back and struck one of the men.

Cogan ( 20) told Gardaí his nose was broken and a tooth was damaged.

The fight had lasted about three to five minutes. He was very dazed and he also had some concussion.

Judge Kilrane asked the witness if he was on any medication at the moment and he replied that he wasn’t on any.

Judge Kilrane noted from a medical report dated November 3rd that there was no mention of a broken nose.

Asked by the judge if he was working, the witness replied that he was, “on his laptop.”

He had done his Leaving Certifcate having attended Summerhill College and before that the Gaelscoil.

Asked who he lived with, the witness said, “just family.” The witness did not answer some questions put to him by the Judge or Ms Spellman.

Ms Laura Spellman, solicitor ( defending) pleaded that the defendants wished to express their remorse.

They came from good families and it was their first time in court. Lynn was hoping to begin a FAS course and Noone was in his second year in college.

The matter arose out of an issue with a girl but this didn’t justify their actions, said Ms Spellman.

Inspector Sweeney read from a statement of a girl who said that at the end of the night she was in the smoking area of the nightclub when a boy came along and began talking to her.

She tried to ignore him and he began to slide close to her on the bench. He was asked to move by a male friend of hers. He moved away.

He told the girl that he was going to “get with her” There was a commotion and she left with her friend.

Judge Kilrane said that the victim was “of a mind not to open up and I can only speculate the reasons for that.”

He said he didn’t want to blight the characters of the defendants with a section 3 assault conviction despite the fact that Mr Cogan was assaulted.

The Judge said he found it difficult to understand the circumstances of the incident. He adjourned the case to May 25th to hear from the investigating Garda. Mr Cogan could attend on that day if he wished but he intended leaving the defendants without a conviction on terms.