CIRCUIT COURT ROUND-UP
From our reporter at Sligo Courthouse
€750 fine for man who stole €10,000 from social welfare
A Sligo resident who stole over €10,000 from the Department of Social Welfare was fined a total of €750 as his case was concluded at Sligo Circuit Court on Tuesday. Defence counsel Keith O’Grady, instructed by solicitor Gerry McGovern, told the court that a sum of €597.08 had been paid into court on behalf of defendant Jonas Malinauskas, 58, from St Joseph’s Terrace, Sligo.
State prosecutor Leo Mulrooney, instructed by Sligo State solicitor Elisa McHugh, said the total amount had all been repaid. It had been repaid through instalments and deductions from the defendant’s benefit payments.
Judge Francis Comerford noted that the initial court order had been made in 2015 in respect of a sum of €10,371.33.
The defendant had originally pleaded guilty to charges that on dates between February 14, 2012, and August 27, 2013, he stole various amounts of cash from the social welfare office in Cranmore.
The defendant also pleaded guilty to a charge that on August 27, 2013, he had a medical card in the name of Antanas Marcinonist which had been specially adapted to be used as a false instrument.
And he pleaded guilty to having a bank card adapted to be used as a false instrument on the same date and at the same location.
The court was told the matter could be finalised as it was indicated by the court previously that a fine would be imposed if all the outstanding money was repaid into the court. Judge Comerford noted that the defendant’s means were not great if it had taken him from 2015 to repay all money owed.
He fined the defendant €750 and gave him a year to pay.
The defendant was convicted on one count before the court and some of the remainder were taken into consideration with a nolle prosequi entered on the other counts.
Suspended jail term for attack at Lola Montez
A Sligo man who pleaded guilty to assault causing harm to another Sligo man has been given a threeyear jail sentence suspended for four years at the Circuit Court.
Liam Moran, 37, from Oak Park, Maugheraboy, admitted assaulting Derek Feeley causing him harm at Lola Montez nightclub on October 30, 2017.
At a previous sitting, Judge Francis Comerford said the defendant had delivered a potentially “murderous kick” to the victim.
That previous sitting heard the victim had been kicked three times in the head and the face.
That sitting also heard the defendant had no previous convictions and had never come to the attention of the gardaí before.
Defence counsel Keith O’Grady told Tuesday’s circuit court that the outstanding €2,000 of the €8,000 owed to the victim as compensation was in court.
The case had been put back to allow the defendant to come up with the cash.
Judge Francis Comerford said this was a serious assault and merited a suspended jail sentence.
The judge jailed the defendant for three years and suspended the sentence for four years on condition that the defendant does not work in the security industry during the period of that suspension.
The defendant was released on his own bond of €100.
Man who fired shots at gardaí in 2014 back in court
A Scarendmore man who was jailed for seven and a half years with the final 18 months suspended for four years for a serious arms offence had his case re-entered at Sligo Circuit Court because he was not engaging with the mental health services. Michael O’Connor, Normar, Scardenmore, Strandhill, was jailed at Sligo Circuit Court in November 2014 after he admitted having a single-barrel shotgun with intent to endanger life on December 28, 2013, at that location.
That sitting heard the defendant fired shots at gardaí during a 13-hour stand-off and he reloaded his father’s legally held shotgun on 23 occasions in a garda operation which involved 110 officers.
The defendant had barricaded himself into the family home when his parents were away.
Last Tuesday’s circuit court sitting was told that the defendant had been placed under probation supervision for two years on his release from jail. Judge Francis Comerford noted that the defendant had still not engaged with the mental health services which was the purpose of the re-entry of the case. The judge said this was regrettable, although the defendant was attending his doctor. The court was told the matter could be finalised as the period of probation supervision had ended. Defence counsel Joe Barnes told the court the defendant got a lengthy prison sentence.
On release he had complied with all directions except to engage with the mental health services.
The defendant had conducted himself well and the only concern of the Probation Service was that he had a tendency to isolate.
He was attending his doctor and had no mental health issues.
Judge Comerford said the defendant had not complied with all of the conditions, which gave the court certain powers, but the Probation Service were not looking to invoke these powers.
The judge said he would finalise the matter by making no order and the re-entry was set aside.
Man in ‘frenzied attack’ is refused curfew changes
Applications to have a curfew removed or reduced on a young
Sligo man who admitted a “serious offence” were turned down at the circuit court.
Kailem Sweeney, 18, from Garavogue Villas pleaded guilty to a charge of aggravated burglary on January 18 last year at a dwelling house in Glencarraig. It was described as a “frenzied attack” at a previous sentencing hearing. He was 17 at the time of the incident.
At that previous sentencing hearing, Judge Francis Comerford adjourned Kailem Sweeney’s case to November 16,
Judge Comerford said he was placing the 18-year-old under the supervision of the Probation Service and to provide a urine analysis every three weeks.
The judge said that if the results were clear and the Probation Report positive, he would consider imposing a suspended sentence.
The defendant was remanded on bail on his own bond of €100 on condition that he live at an address in Garavogue Villas, stay away from any prosecution witnesses, refrain from alcohol and other intoxications, provide a urine analysis every three weeks, and keep a curfew from 10pm to 8am.
Defence counsel Joe Barnes, instructed by solicitor Gerry McGovern, told Tuesday’s circuit court that the “gardaí haven’t called in months”.
The defendant was fully compliant with all conditions and the counsel asked for the curfew to be relaxed. In rejecting the application, Judge Comerford said the defendant had pleaded guilty to very a serious offence and now the defence wanted him to be out and about the town during the night.
The court heard the defendant was complying with the urine analysis, but the results were slow in coming back due to the pandemic and issues in the HSE.
Defence solicitor Gerry McGovern made a further application in the afternoon to have the curfew varied from 10pm to 8am to midnight to 9am.
State prosecutor Leo Mulrooney said that the State would be objecting to the application, and it was refused. The judge told the defendant that he would have to stay on the straight and narrow if he wanted to avoid jail. The judge said he accepted there were difficulties with the urine samples which were not the fault of the defendant.
Probation Act in Stephen Street car park assault case
A Sligo man who admitted a charge of assault causing harm has been given a section of the Probation Act that is technically a conviction at the circuit court.
Gregory Nooney, 25, from Oak Park, Maugheraboy, pleaded guilty at a previous sitting to assaulting Gavin Pritchard at Stephen Street car park on October 20, 2017.
The case had been adjourned so that the defendant could come up with what State prosecutor Leo Mulrooney described as meaningful compensation.
Defence counsel Keith O’Grady said the defendant had €1,000 in court and it was a “brother and sister case”.
The defendant had no previous convictions.
At an earlier sitting Ruth
Nooney, 36, from Treacy Avenue, Sligo, was given a one-year suspended jail sentence after she pleaded guilty to assaulting Gavin Pritchard, who was on a visit to Sligo on his brother’s stag party.
Mr O’Grady said Gregory Nooney was “putting his best foot forward”. Judge Francis Comerford said there were two attackers and one victim in this case.
But he said there was a big difference in the actions of the defendant and those of his sister.
The judge ordered that the €1,000 be paid to the victim.
The defendant was put on a bond of €100 for a year and given the Probation Act Section 1.2, which is technically a conviction.
Probation report sought on man, 36, on drugs charges
A Riverstown resident has pleaded guilty at Sligo Circuit Court to two counts of having drugs for sale or supply. Cezary Krac, 36, from Ardvarney Cottage, Riverstown, admitted having cannabis for sale or supply at that location on April 12 last year. He also pleaded guilty to having amphetamines for sale or supply at Tullyearl Junction, Donegal town, on April 11 last year.
Defence counsel Keith O’Grady said the defendant was a self-employed carpenter with no previous convictions.
The counsel asked for the preparation of a Probation Report.
Judge Francis Comerford ordered a Probation Report and remanded the defendant on continuing bail until November 16.
Man admits to sex offence in 1990s at circuit court
A man has pleaded guilty to a sex offence under the Rape Act at Sligo Circuit Court.
The man pleaded guilty to sexually assaulting a male on dates between October 1, 1993, and June 1, 1994, at a location in Sligo.
State prosecutor Leo Mulrooney asked the court for the preparation of a victim impact statement.
The court imposed reporting restrictions stopping anything being published that might identify the victim. The defendant was remanded on continuing bail till November 16.
Man, 37, who grew cannabis is given his passport back
A Tubbercurry resident has pleaded guilty to drugs charges, at the circuit court.
Marius Rakowski, 37, from The Fairways, Tubbercurry, admitted a charge of cultivation of cannabis at that address on May 15 last year. A charge of possession of cannabis was to be taken into consideration. Defence counsel Ms Gallagher, instructed by solicitor Morgan Coleman, said the defendant had no previous convictions and asked for a probation report.
She asked that the defendant’s passport be given back to him to allow him to return to Poland in
July to visit his mother, who is very unwell.
Judge Francis Comerford adjourned the case until November 16 and ordered that the passport be given to the defendant, who will return it by November.