Sligo Weekender

Over kilo of missing weed’

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going to the gardaí non-stop and he was insulting his client. “My client wants a quiet life,” said Mr McGovern. His client had been questioned by gardaí on many occasions about broken windows, but it turned out it was someone else who was responsibl­e. The witness said he did not know how the message had got on social media and there was no proof that he had posted it.

The defendant said he could not remember when he had made the remarks on the recording.

Judge Kevin Kilrane reminded the witness that he had taken an oath to tell the truth, the whole truth and nothing but the truth.

The defendant said he did not recall making the post and there was nothing linking him to it.

“I might have had a few beers and said something inappropri­ate”. Mr McGovern said Sean Breslin knew Jimmy McMorrow Snr’s background and he had been sent away to a school when he was just eight.

He was questioned by gardaí and normally he does not answer any questions but on this occasion, he gave a full statement and answered all questions.

Jimmy McMorrow was arrested on May 1, 2020, on suspicion of making threats to kill and he had been taken to Ballymote Garda Station.

In a question- and-answer session Jimmy McMorrow Snr said Sean Breslin had been giving him a hard time on the estate and had been fighting with people in the town for the past 15 years.

Jimmy MsMorrow Snr said he never threatened the man and never burned his house.

He said the allegation­s were “totally and utterly fabricated”.

Jimmy McMorrow Snr said he was not an enemy of Sean Breslin’s and the latter was nothing but a “head case”. He said he had stopped his son hanging around with Sean Breslin and his son never said anything to him. He added that it was “years” since he had spoken to Sean Breslin.

Jimmy McMorrow Snr added that the complainan­t was a liar and a braggart and sells his medicines for cocaine.

When asked about the alleged petrol bomb attack on Sean Breslin’s home he said he knew nothing about it. When asked about the allegation made by Sean Breslin about a kilo of weed going missing, Jimmy McMorrow said he “had nothing to do with that”.

Jimmy McMorrow Snr denied threatenin­g the witness that he would be shot.

Mr McGovern said that there was no evidence to link his clients to any of these events. He said that Mr Breslin had not been truthful in the witness box no matter “what way you look at it”.

Mr McGovern asked for a direction, saying his client did not try to evade the questions.

Judge Kevin Kilrane said Mr Breslin’s account had been seriously challenged but there was a case to answer about the alleged threats and other matters.

The court heard that a file was sent to the DPP on the allegation that Sean Breslin’s home had been petrol bombed but no prosecutio­n was directed.

The fire at Mr Breslin’s apartment was on April 28, 2020, and the recording played in court pre-dated that fire, the court heard.

Jimmy McMorrow Snr told the court he had never threatened Sean Breslin and had not broken his windows.

“He is not well,” the witness said. Jimmy McMorrow added that Sean Breslin was making false allegation­s and had a deep personal grudge over his ex-girlfriend.

Inspector Paul Kilcoyne asked the witness if he was telling the court that all of these numerous allegation­s could not have happened?

The witness said that “on my oath” he did not do anything, and he was trying to keep away from Sean Breslin and the latter had “just made it up”.

The witness said it was very insulting to be called Jimmy “The Smell”. James McMorrow Jnr denied throwing a dumb bell through Sean Breslin’s window.

He also denied threatenin­g the complainan­t.

He said he had no contact with the latter and his father did not want him hanging around with him.

The witness said that Sean Breslin had a vendetta against him and his father and was “not well in the head”. Judge Kevin Kilrane said he was finding James McMorrow Jnr guilty of using threatenin­g and abusive behaviour on April 28 last year at the Market Yard.

He said he was also finding Jimmy McMorrow Snr guilty of an identical charge on December 28, 2019, at the Market Yard.

The remaining dismissed.

Judge Kilrane said that to describe Sean Breslin as a weak witness was “an understate­ment”

He had “ducked and dodged questions in the witness box”.

It would have helped if charges were he had admitted posting the video and this was a man who came to court looking for justice. It would have helped if he had not forgot about the law and told the facts and had to be reminded about the video and was “downright untruthful”.

Judge Kilrane said he found the facts proved in relation to James Jnr and Jimmy Snr on April 28 last year and December 28, 2019.

The judge said he was not sure about the other matters and could not rely on Sean Breslin.

The said the other matters were probably true, but he had a doubt and Sean Breslin’s “credibilit­y was seriously dented”.

The judge said he was binding both McMorrows to the peace for a period of two years on their own bond of €100. They were to have no contact with Sean Breslin whatsoever.

The judge said he was going to bind Sean Breslin to the peace as well for a similar period and he was not to post anything about the McMorrows in future.

The judge dismissed all the related criminal damage charges against the McMorrows. The judge added: “In all probabilit­y, the McMorrows did break the windows, but I have a doubt”. Leave to appeal to the circuit court was set at €300 cash in each case.

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