DISTRICT COURT ROUND-UP
From our reporter at Sligo Courthouse
Leitrim man, 46, on cannabis charge is denied bail
A Leitrim man who was allegedly caught with cannabis for sale has been denied bail at Sligo District Court.
Forty-six-year-old Andrew Axon, Arderry, Corrawaleen, Co. Leitrim, was charged at an earlier sitting of Carrick-on-Shannon Court with having cannabis for sale or supply at Derrygoan, Ballinamore, on January 29.
The defendant was also charged with possession of the drugs.
At last Thursday’s sitting of Sligo District Court, Judge Kevin Kilrane asked for the alleged value of the alleged haul of drugs.
Detective Garda Brian McMahon from Carrick-on-shannon said it was €10,000.
Defence solicitor Gerry McGovern said the defendant’s bail had been set at €20,000 with €10,000 to be lodged in cash at that earlier sitting.
But the defendant could only come up with €1,500 at Thursday’s sitting in Sligo.
Judge Kevin Kilrane said this would not meet the requirements and bail was denied.
The defendant was remanded in custody to Harristown District Court to February 26 for DPP directions.
Sligo man charged with arson told to keep curfew
A Sligo man has been returned for trial to the next sitting of Carrick-on-Shannon District Court on two charges of arson in Kinlough, Co. Leitrim, at Sligo Distict Court. Jake Farrell, John Street, Sligo, is charged with committing arson to the interior and exterior structure of a property at Forest Park, Kinlough, on May 7, 2020.
He is facing an identical charge at another property in the same estate. Detective Garda Brian McMahon gave evidence of serving the book of evidence on the defendant before last Thursday’s sitting of the district court.
The defendant was released on bail, on condition that he lives with his aunt Helen Farrell in John Street, Sligo, keeps a curfew from 10pm to 9am, be available for curfew checks, give gardaí his phone number, which must be answered at all times.
The defendant was to take no drugs or alcohol, not interfere with witnesses and not re-offend.
The defence asked for and was granted leave to have a senior and junior counsel at the defendant’s circuit court trial.
Judge Kevin Kilrane returned the defendant for trial to the next sitting of Carrick-on-Shannon Circuit Court on February 16.
St Angela’s student was caught with €300 of cannabis
A young Sligo student who was caught with €300 of cannabis had his case struck out on payment of a sum to charity, at the district court. Twenty-one-year-old Fionn Costello of Rathedmond, Sligo, who represented himself, pleaded guilty to having the drugs at Jinks Avenue on April 12 last year.
He told the court it was for his personal use as at the time he was going through some personal issue and “was getting a larger amount than I normally would”.
He said he gave up the drugs the day he was caught. He was, he said, studying food science, nutrition and business management at St Angela’s College and was working part-time. The defendant had no previous convictions.
Judge Kevin Kilrane said a conviction would have an effect on his future employment.
The case was struck out after the defendant paid €100 to Hope House.
Bunreacht na hÉireann produced at Garda checkpoint
A Strandhill woman who drove her car at a garda at a checkpoint, forcing him to jump out of the way, had a charge of dangerous driving reduced to careless driving at the district court.
Forty-four-year-old Meabh Mattimoe, Lecarrow, Strandhill, produced a copy of Bunreacht na hÉireann when she was stopped and asked for her licence at Burma Road, Strandhill, on February 6 last.
The defendant told the garda he had “no right to stop her going about her daily business”.
The defendant pleaded guilty to the lesser charge of careless driving. Sergeant Derek Butler told the court the defendant had pulled into the side of the road, refused to give details and said she was intimidated. Garda Shane O’Rourke stood in front of her car and had to jump out of the way to avoid being injured. The defendant was later apprehended and blocked in by two garda vehicles.
Defence solicitor Mark Mullaney said he was instructed that his client became upset about the fact she was stopped going about her daily business.
Mr Mullaney said she did not have her licence, panicked and did not intentionally try to run over the garda. The solicitor said: “She wanted to get away from a situation she was not comfortable in.”
The defendant accepted that Garda O’Rourke had to jump out of the way, and it was a short chase before she was stopped and there was no other issue about her vehicle and there were no other members of the public present at the time of the incident. Judge Kevin Kilrane said that most people did not carry the Constitution around with them and there was an element of pre-meditation as she had decided in advance that when she was stopped, she was going to assert constitutional rights which she believed were infringed in some way. Mr Mullaney said he decision to move the car was “rash”.
The judge said it was a pre-mediated pattern of events that forced the garda to jump out of the way.
“She produced the Constitution rather than her licence.” Mr Mullaney said the defendant pulled in to the side of the road, so there was a degree of compliance, but there was no need for her to become upset.
Judge Kevin Kilrane said dangerous driving demands certain intent. He said the defendant decided to bully the garda out of the way and he had no other option but to jump out of the way.
Mr Mullaney said it was not good driving but there had to be more than one intention to reach the very high standard for dangerous driving which would also include the condition of her vehicle and other users being in the area.
Judge Kilrane said he believed it was dangerous driving but he wanted to hear the defendant on the matter.
He asked the defendant if she would undertake to stop and submit to whatever garda checkpoint in the future and she agreed to do so in the witness box.
Judge Kilrane said he would reduce the charge to that of careless driving.
The defendant had no previous convictions.
Mr Mullaney said his client was 44 years old and was between jobs, having worked as a legal secretary. She was a carer for her elderly mother and others in the community.
Judge Kilrane fined the defendant €300 on the careless driving charge.
20-year-old man admitted having €25 of cannabis
A young Sligo man has been given the Probation Act, which is technically a dismissal, after he pleading guilty at the district court to possession of cannabis.
Twenty-year-old Levi Brennan, St Joseph’s Terrace, pleaded guilty to having €25 of cannabis at Mulberry Park, Sligo.
He had no previous convictions. The defendant was represented by solicitor Tom MacSharry.
Man told cousin he would ‘cut him from ear to ear’
A Sligo man who told his first cousin that he would “cut him from ear to ear” with a knife he was brandishing has been told that he is in serious danger of going to jail. At Sligo District Court, 26-year-old Killian McLoughlin pleaded guilty to possession of a knife with a pointed blade and to using threatening and abusive behaviour at Sea View Park, Knappaghmore, on July 27.
Judge Kevin Kilrane said knife crime had become a problem and a serious problem across the water where youngsters are regularly injured and many of them fatally. The judge said: “We had a 16-yearold who was stabbed to death in Dublin recently. Anyone who goes out the door carrying a knife should go to prison. Knife crime will not be tolerated. It has become common among young men, many of whom have been injured or stabbed to death. The only deterrent to knife crime is jail.”
Sergeant Derek Butler told the court that gardaí got a call from the injured party that a man had come to his home, verbally abused him, pulled out a flick knife and threatened to cut him from ear to ear.
The incident was captured on CCTV, the court heard.
It showed the defendant acting in an aggressive manner with a Stanley knife a 11.34am in the morning.
The defendant admitted having the knife.
Defence solicitor Gerry McGovern said his client had co-operated fully with the gardaí and did not know there was any CCTV in the area. Both parties are cousins and there were no difficulties and the defendant’s mother was with him in court. Mr McGovern said there had been a “rumour” spread about his client and he went to see his cousin to ask him about it.
His cousin said he did not start any rumours and came out of the house. The defendant backed away and took out a Stanley knife and waved it and then ran down the road and got into a car.
He had admitted his guilt “from day one”.
The defendant had not been in trouble since 2015. He has an alcohol addiction and efforts are being made to get Aubrey Melville to help him. He has an appointment with the addiction services.
The defendant was very remorseful, and the solicitor had told the defendant of the court’s attitude to these offences and asked for the court do deal with the case in a non-custodial manner.
The defendant was also a carer for his mother.
He had a public order conviction from October 2020 and the next offence was back in 2015.
Judge Kevin Kilrane said that the defendant had been “shaking his head” while the facts in the case were being read out in court. Mr McGovern said the defendant had made full admissions.
The defendant told the court that he had stopped off at his parents’ house to pick up the Stanley knife, which was used for cutting carpets. “Stop that nonsense,” said the judge. “You came carrying a knife and you produced it. Why did you produce it?”
The defendant said he just wanted to get away from his cousin, who had come out of his house and confronted him.
“So, it is all his fault that you took out your knife?” asked the judge.
The defendant said he had no intention of doing anything with the knife.
The judge said the defendant should go to jail for going to his cousin’s house with a knife and then producing it. The judge said: “This thing about going to his parents’ house to cut carpets is not true.”
The defendant said he took the knife out “to get him back from me”. The defendant agreed with the judge that you would not take out a knife to someone in a fist fight.
Judge Kilrane said the fact that the defendant was justifying his actions “was very worrying – he was suggesting that it was self-defence”.
The judge said he was going to have to think about this case.
The judge added: “I am not impressed in his approach by telling half-truths and I don’t believe the claim about the other party raising his fists. Even at its height you don’t produce a knife.”
Mr McGovern said it was a serious matter and it “was not easy to help him in court”.
The case was adjourned to May 6 for sentencing.