DISTRICT COURT ROUND-UP

From our reporter at Sligo Courthouse

Man, 20, was “out of his tree” with alcohol

A 20-year-old man who was described as “out of his tree with alcohol” spat on three parked garda cars outside a garda station and damaged a cell door, Sligo District Court heard.

Adam Cooney (20), of 10 The Woodlands, Ballytivnan, Sligo, was charged with being intoxicated on May 1, 2021, at Rockwood Parade, Sligo. He was also charged with using or engaging in threatening, abusive or insulting words at the same date and location. On the same date at Ballymote Garda Station, he was charged that without lawful excuse he damaged a cell door – property belonging to Chief Superintendent Aidan Glacken, contrary to section two of the Criminal Damage Act, 1991.

Sergeant Derek Butler said Gardaí were monitoring CCTV footage on May 1 when they observed two males walking down Pearse Road alongside the garda station. One of the men proceeded to spit on three garda cars. Gardaí exited the station, chased the duo, and intercepted them at Riverside.

The defendant was unable to give a reasonable excuse or express remorse for what he did, and a Fixed Charge Penalty Notice was issued. In relation to the Rockwood Parade offences, Gardaí received a report of a man banging on the door of apartments at that location at 2.20am. When they attended the scene, the defendant was highly intoxicated to such an extent that he did not know where he was. The court heard he had a previous conviction for an attempted robbery where he received suspended sentence of 28 months on January 21, 2022. Judge Alan Mitchell said if Cooney had to go and wash, polish, and wax the three dirtiest garda cars at the station it would teach him a lesson, and if the judge could direct him to do that, he would. Defending solicitor, Mr Gerard McGovern, told the court he had already paid €150 in compensation. He said his client shouldn’t drink to such an extent and was “out of his tree with alcohol” in the early hours of the morning. He had done “stupid things”. However, he was a “nice young man,” he said.

Judge Mitchell said spitting at garda cars indicated an attitude towards An Garda Síochána which was “not the best”. He noted alcohol was a disinhibitor and the defendant had a job, which showed some stability.

In relation to the Rockwood Parade offences, the judge imposed a fine of €100 giving the defendant six months to pay, and in relation to the other, he imposed a fine of €300 with six months to pay, saying: “It is up to you to decide to close a chapter on this part of your life and to move on positively.”

Book of evidence served on on rape accused

A 30-year-old man from county Sligo was served with the book of evidence at Sligo District Court on Thursday last where he faces two charges of rape and for sexual assault.

The man cannot be named for legal reasons. The offences are alleged to have occurred in Sligo on August 15, 2020.

Garda Marita McGowan confirmed the book of evidence was served on the accused. Judge Alan Mitchell gave the alibi warning and sent him forward for trial at the Central Criminal Court at a date to be decided.

The accused, who was dressed in a black jacket and wearing a black mask, signed his own bail bond of €1,000. The judge directed he have no contact directly or indirectly with the alleged injured party or any civilian or prosecuting witness.

Arrested at 3am wearing only his shorts

A local court heard a drunken man wearing only his shorts who was reported to Gardaí by his sister, was arrested for his own safety.

Before Sligo District Court was Anthony Gillen (40), of 17 Devins Drive, Cranmore, Sligo, who pleaded guilty to an intoxication offence that occurred on August 28, 2022, at Devins Drive.

Sergeant Derek Butler told the court Gardaí were called to Cranmore Drive at 3am on the Sunday morning having received a call from the defendant’s sister.

Garda Enda Devenney found him intoxicated and wearing only his shorts. He refused to engage with the garda and was arrested for his own safety. The court also heard he had 14 previous convictions – none of which were for public order. The man who defended himself in court told the judge he was in employment and had taken a half day off work to attend court.

Judge Alan Mitchell stressed the maximum fine for the offence was €500 however, he was not condoning his actions in convicting and fining the man €200, giving him six months to pay.

Sligo Courthouse.

He acknowledged the man had lost a half day’s pay and said he would let that be part of his penalty.

Charged with damaging box of diet pills

Andrew Jinks (21), of The Woodlands, Ballytivnan, Sligo, was charged with damaging a box of XLS diet pills at Boots, Johnston Court, Sligo on March 31, 2021.

He was further charged with stealing a box of XLS diet pills valued at €29.99 from the same location on March 29, 2021.

Sergeant Derek Butler said Gardaí received a report on April 4, 2021, of a theft at Boots.

They viewed the CCTV footage from the pharmacy and one packet had the diet pills removed and the other was tampered with.

Each packet had a value of €29.99 and the defendant furnished €60 to the court to re-pay the pharmacy. Defending solicitor, Mr Mark Mullaney,

said the offences had occurred a year and a half ago when his client was not in a good place mentally and “all over the place.”

However, he had recently got married and that was a stabilising influence in his life. In addition, he was going back to re-sit his Leaving Certificate through the ECTB.

Judge Alan Mitchell said it was obvious the man was not in a good place at the time, and he noted his recent marriage and returning to school.

He struck out the charge based on a €100 contribution to Saint Vincent de Paul.

Mother locked intoxicated daughter out

A local court heard an intoxicated woman who had been shouting at her family was locked out of the family house by her mother.

Before Sligo District Court was Charlene Moran (35), of 19 Ath na Rí, Aughameeney, Carrick-on-Shannon, Co. Leitrim. She was charged with failure to provide a member of An Garda Síochána with her name and address on January 14, 2022, at Cranmore Drive, Cranmore, Sligo. Sergeant Derek Butler told the court Gardaí received a call about a woman shouting and called to the house.

Garda David Finnerty spoke with the woman, and she kept interrupting and trying to get her family to leave the house.

Her behaviour was caused by her family having to deal with a cat jumping on someone. Ms Moran’s mother had made the call, and she locked her daughter outside with the garda.

When the defendant was asked for her date of birth, she was unable to give Garda Finnerty details as she was so intoxicated.

The court heard she had eight previous convictions – all were for assault and were old charges dating back to 2008/2009. Judge Alan Mitchell said there was a “similar type theme” evident.

Defending solicitor, Mr Gerard McGovern, told the court his client didn’t live in Sligo but was back to attend court.

She was the mother of a number of children.

He said on the night in question she was visiting her mother and had been drinking but it was not an offence to take too much alcohol.

She felt she was doing nothing wrong in the house yet she was the one who ended up outside with the garda.

When Judge Mitchell inquired regarding the cat, she said she didn’t know why the animal was mentioned.

He imposed a fine of €100 with six months to pay.

Young dad charged with motoring offences

A young married father with several previous convictions was before Sligo District Court faced with a number of motoring offences.

Shane McDonagh (24), of 16 Slieve Mór, Ballytivnan, Sligo, was charged with using a vehicle without an NCT certificate and also charged with non-display of the disc on April 26, 2020, at Ballinacarrow, Ballymote,

Co. Sligo.

He was further charged with driving with a bald tyre on his front right wheel as well as on his front left wheel on January 20, 2019, at Ash Lane, Sligo.

The court heard Gardaí were called to the scene of a road traffic collision at Ash Lane where the defendant’s car was seized, and a PSV examination carried out on it.

With two bald front tyres detected, a Fixed Charge Penalty Notice (FCPN) was issued which remained unpaid.

The court also heard Garda Deborah Gilroy was conducting a checkpoint at Ballinacarrow, Ballymote, when she stopped a silver Opel Astra and observed it had no tax on display – the tax had expired in 2017. A demand to produce driving documents was made – a valid driving licence was later produced at Sligo Garda Station, however no tax or NCT certificates were, so a FCPN was issued.

The court heard the defendant had 15 previous convictions.

His solicitor, Mr Gerard McGovern, said his client was a young enough man who was married with a few children.

Judge Alan Mitchell convicted and fined the man €50 with six months to pay for each bald tyre.

For the non-display of an NCT certificate, he imposed a fine of €200 with six months to pay.

He also imposed a fine of €100 for using his vehicle without an NCT certificate.

Man visiting refugee was an “unwanted guest”

A local court heard a Ukrainian man was an unwanted guest at the Strandhill hostel where his partner – a recent refugee from the war – was staying.

Before Sligo District Court was Ruslan Maloyan (46), of 5 Whitestown Park, Blanchardstown, Co. Dublin, who pleaded guilty to a charge of intoxication in a public place as well as a further charge of failure to comply with the direction of a member of An Garda Síochána on April 13, 2022, at Shore Road, Strandhill, Co. Sligo.

Sergeant Derek Butler told the court that Garda David Finnerty responded to a report from a hostel on the Shore Road in Strandhill of an unwanted man using the accommodation for refugees.

He spoke with the manager of the hostel who said he had told the man he couldn’t stay, and he refused to leave when asked.

He was observed walking intoxicated towards the premises afterwards where he tried to re-enter even though Gardaí explained to him, he shouldn’t be there.

He understood and began walking away very slowly but then returned. At that point, he was taken to the garda station.

Defending solicitor, Mr Eddie Henry, said his client had travelled from Dublin where he was living with his children, and was not working at the moment.

He was from Ukraine. The reason he was in the hostel was that his partner, a Ukrainian refugee, was staying there. She had no English and he helped interpret for her. He knew he was not entitled to stay in the hostel but was facilitating her.

The defendant told the court he was separated from his wife and in a new relationship.

He travelled to Poland to collect his partner and bring her to Ireland away from war in Ukraine.

Mr Henry explained the man’s partner was first processed in Dublin and then assigned accommodation in Strandhill.

The solicitor said there were humanitarian circumstances involved – his client was facilitating her and other refugees in the hostel by interpreting for them.

He did partake in a party at the hostel and said he left for the bus stop but there was no bus there. At the garda station, Gardaí had to restrain him and an ambulance brought him to hospital – he had nowhere to sleep before returning to Dublin the following morning.

Judge Alan Mitchell said the man should have obeyed Gardaí but would take into consideration his circumstances.

On the failure to comply with the direction of a garda offence, he imposed a fine of €100 with six months to pay.

And on the intoxication charge, he convicted him, taking into account the mitigating factor of the war in Ukraine.

The judge added he hoped the defendant may accommodate his partner at his home in Dublin in the future.

Mr Henry thanked the judge for dealing with the matter so compassionately.

Drunken man disturbed campers in Mullaghmore

A drunken man who disturbed female campers at Mullaghmore beach at night, had his case struck out at Sligo District Court.

Jaroslav Voitiukevic (40), Ard na Cassa, Co. Longford, was charged with intoxication at Mullaghmore Beach, Mullaghmore, on July 3, 2021. The court heard Gardaí responded to a call at 2.42am from two females who were camping in a tent at the beach carpark in Mullaghmore saying an intoxicated man refused to leave them alone. When Gardaí spoke with him, he was highly intoxicated with slurred speech.

They told him he should go to sleep, and he agreed. They left the scene and issued a Fixed Charge Penalty Notice (FCPN).

A second call was received at 4.05am and Gardaí attended the scene again. They arrested the defendant and conveyed him to the garda station where another FCPN was issued.

Defending solicitor, Mr Gerard McGovern, said his client, who was a father of three young children, was on holidays from Longford. He had four cans of alcohol taken on the night in question.

A Lithuanian man with some degree of English, he was not working currently and was doing a safe pass course.

He had no previous convictions, and his mitigation was he paid the first ticket but then got confused when he received a second one. Mr McGovern said he meant no harm and “at least did the manly thing” and paid one up.

It was only when the solicitor impressed upon him there were two tickets, did he realise.

Judge Alan Mitchell acknowledged it was unusual to get two tickets on one night, accepted there was confusion and struck the matter out.