Judge doubts that life was threatened

JUDGE Kevin Kilrane has dismissed a public order charge against a 34 year old man after expressing doubts in relation to the alleged victim’s evidence.

The threatening abusive or insulting behaviour charge was dismissed against Christopher Dunleavy of Breaghwy, Ballinfull after the judge expressed doubts over Noel Jink’s evidence.

Mr Jinks, (above) with an address in Mullaghmore claimed Dunleavy had threatened his life on October 10 th, 2018 at Grange.

In his evidence he claimed Dunleavy followed him into a petrol station in Grange and asked him to come outside and fight where there was no cameras.

He claimed Mr Dunleavy made threats against him and his family.

After initially not being able to recall another alleged incident that day, when probed about it by Segreant Derek Butler, he said an hour before the alleged incident in the petrol station Dunleavy tried to run Mr Jinks off the road while they were both on their motorcycles.

When questioned about not saying this in his direct evidence, Mr Jinks said he was 63 and lost ‘ track of it’.

All the claims were denied by Dunleavy who said on the day in question he had not been out on his motorcycle but had met Mr Jinks in the petrol station.

He said Mr Jinks made some murmur of ‘profanity’ as he walked by him into the shop and made another comment as he was walking out.

Mr Dunleavy told the court he told him to ‘cop on’ and left in his car. He said it was not in his nature to intimate people.

The court was told gardaí attempted to get CCTV of the alleged incident in the shop but no footage could be found.

Defending solicitor, Mr Eddie Henry put it to Mr Jinks that this was ‘one of the many fabrications’ he had made and he had recently spoken in the media about not being happy with court decisions. Mr Jinks said the incident did happen.

“I’m sorry to hear Mr Jinks is unhappy with hearings in this court and I try to come to the correct decisions. He’s entitled to nothing less than justice,” said Judge Kilrane.

The judge added that every case had to be judged on their merits and if there was a doubt it had to go in favour of the defendant, by law.

Judge Kilrane cited one noteworthy point, saying Mr Jinks failed to recall the previous alleged incident involving the motorcycles and said this would be something one would remember.

The judge said he had doubts if Mr Jinks’ life was threatened and said he believed it was more ‘growling’ between the two men.

“The fact that I’ve held against Jinks in this [case] and before, shouldn’t be held that it’s an attitude towards Mr Jinks. He’s entitled to his say, but in this case I have a genuine doubt, about what happened in the filling station and I and I accordingly dismiss,” said the Judge.