DISTRICT COURT ROUND-UP
From our reporter at Sligo Courthouse
Motorist overtook on continuous white line
A driver charged with overtaking on a continuous white line told a district judge he started his manoeuvre on a broken white line.
Before Sligo District Court was James Keogh (61), 10 Newtown, Grange, Sligo, who was charged with crossing a continuous white line at Moneygold, Grange, on August 24, 2020.
Garda Shane O’Rourke gave evidence of observing the defendant’s vehicle overtaking on a continuous white line at 17.26pm on the afternoon in question.
A fixed charge penalty notice was issued which the driver failed to pay. The garda confirmed to the court the defendant was travelling on a straight stretch of road near a cross roads and a national school with traffic coming from Bundoran. Defending solicitor, Mr Mark Mullaney, said when his client commenced the manoeuvre he was safe because it was a broken white line and he was entitled to cross.
Under questioning, Garda O’Rourke acknowledged the painting was fading on the line but emphasised the driver “was local and not a US tourist”. The solicitor said the line had been re-painted in August 2020 because it was scuffed and broken and not continuous and was now cleaner and more pristine. The garda said the line needed maintenance. Judge Sandra Murphy asked the defendant what he said to Garda O’Rourke when stopped and he said he told him he did nothing wrong. She stressed he had passed warning signs but the defendant said the signs were “well back” from where the line started to be continuous. A dash-cam video taken of the stretch of road a month after the incident, was shown to the judge.
Sergeant Derek Butler asked the defendant had he been aware of the number of previous accidents on that stretch of road, and he said he hadn’t until that day. He made him aware of two blind junctions, a national school and a cross-roads along the stretch saying the continuous white line was there “for decades”.
Judge Murphy said in reality he was lucky he didn’t get a dangerous driving charge. The solicitor said it was unfair to penalise the man as maybe he wasn’t driving fast enough. And he had to cross back over the continuous line to finish his manoeuvre and get back on time.
The judge said by his own admission he crossed over the continuous line, and she was satisfied to convict. Noting he had no previous convictions, the judge convicted him imposing a fine of €200 giving him three months to pay. His own bond of €250 cash was fixed.
Suspsended sentence for false tax disc
A 24-year-old man charged with having a false tax disc received a suspended prison sentence by Judge Sandra Murphy on Thursday of last week.
Before Sligo District Court was Asim Iqbal, of 66 Garavogue Villas, Sligo, who was charged with the offence at Stephen Street carpark on March 14, 2021.
The court heard how the defendant was stopped by Garda Conor McDonagh who had received an alert over the garda APR system at 21.25pm of a Toyota Yaris observed on The Mall with no tax.
The expiry date on the certificate was October 2021 and there was evidence it was false and had been altered – a copy of the previous disc had expired in October 2002. An analysis concluded it was a genuine tax disc. The court also heard the defendant had one previous conviction relating back to November 19, 2020 when he was convicted as Sligo District Court of careless driving (reduced from dangerous driving). Defending solicitor, Mr Mark Mullaney, said effectively the fake disc was a very amateur one. He said the offence occurred during Covid when his client didn’t realise he could renew it online and didn’t want to drive without a disc. The solicitor said it was an “utterly foolish” decision and it would have been better for him not to drive with any. He was not before the court on a serious charge and admitted what he had done. He took immediate attempts to sort it and now had a tax disc dated March 15, 2021.
Mr Mullaney said his client was originally from Pakistan and living in Ireland for six years. He was recently married and was now driving his father’s car which was fully legitimate. He was previously involved in a road traffic accident however, had pleaded guilty to it.
The outcome of the case could affect his application for a new job in security and also one for naturalisation. The judge said the Covid excuse struck her as an extra one and pointed out these were serious offences with a maximum prison sentence of five years. She convicted the man imposing a sentence of two months’ imprisonment and suspending 12 months.
Judge warns defendant ‘drugs will ruin you’
A judge told a 23-year-old apprentice electrician before a local court on possession of MDMA he was an honest young man but if he turned to drugs, they would destroy his health.
Jack Mahon (23), of Burnaderg, Grange, Co. Sligo, was charged with possession of the drug at Glencarrig, Ballinode, on December 17, 2021. Defending solicitor, John Anderson, told Sligo District Court his client was a young man with no previous convictions who was caught with €60 worth of MDMA. He had made a full admission and co-operated fully with Gardaí.
A conviction would be on the young man’s CV for the rest of his life, and he had plans to travel abroad in the future. He had pleaded guilty when caught and had learned his lesson.
Judge Sandra Murphy stressed the offence was not a cannabis one so she couldn’t direct an adult caution. She said convictions of this nature should be a deterrent for young people doing drugs.
The defendant told the judge he had his whole future ahead of him and hoped to travel while he was young and still could. At the time of the offence, he was at his ex-girlfriend’s student accommodation. In relation to the danger involved, Sergeant Derek Butler asked him did he know a student had died after taking the same drug. He replied he didn’t but told the court he had learned his lesson. Sergeant Butler informed the court the man had co-operated on the night in question with Garda Gallagher.
The judge inquired had he done drugs in the past and he told her he had – on and off over a two-year period when he started college first. Under questioning from Mr Anderson, he said he drank alcohol as well. The solicitor asked had drugs replaced alcohol for young people and he replied not.
Mr Mahon said he couldn’t make any rash decisions anymore and wanted control of his future saying he had got “more than a wake-up call”. The solicitor emphasised to him if he ever appeared in court again on a drugs offence he would be convicted.
The judge told him if he turned to drugs, they would destroy his health and everything saying: “This is a young man with two years involvement with drugs and this is the reality of it.” Mr Mahon told her he was overweight before, cut out all that, started going to the gym and becoming healthy. She told him he was getting a chance because he was an honest young man saying, “keep your honesty up – that’s what will save you in life”.
The judge struck out the matter accepting a €300 donation on behalf of Social Ground Force and emphasising to the defendant, “if you could spend a day here [in the court], you would see people’s lives destroyed by drugs.”
Cannabis charge against man, 30, struck out
A 30-year-old man had a cannabis possession charge struck out by a local court.
Ricky Pugh of Maryville Hostel, Finisklin, Sligo, was charged with the offence at Far, Finisklin, on January 25, 2022.
The court heard how a garda mobile patrol at 11.30am observed the man and while talking to him smelled cannabis. Before Gardaí conducted the search, he handed over two cigarettes to them and informed them they contained cannabis. He admitted the cigarettes contained the substance and it was for his own personal use.
The search revealed nothing more on him and the cannabis was later found to have a value of €15. He had 14 previous convictions, but none related to drugs possession. Defending solicitor, Tom MacSharry, said his client was a 30-year-old man who had fully co-operated with Gardaí. He had underlying mental health issues which he was dealing with through the local services.
At the time he was not on his medication which he now realised he shouldn’t do. He also had issues with homelessness. Judge Sandra Murphy accepted a charitable donation of €150 in lieu of a conviction giving him one month to pay.
Shoebox contained more than 1,000 Xanax tablets
A local court heard a man attending hospital was holding a shoebox containing over a thousand loose Xanax tablets.
Anthony Steeles (31), of Shalamar Hostel, Finisklin, Sligo, was charged with possession of ethylhexedrone at
Sligo University Hospital on December 18, 2018.
He was also charged with possession of alprazolam on the same date and possession of both drugs for sale or supply.
He was also charged with possession of alprazolam at Hillside Adventure Park, Forthill, on June 30, 2020, and possession of cannabis. On May 1, 2020, at Rathbraughan Park he was charged with possession of cannabis.
Sergeant Derek Butler told Sligo District Court that Gardaí received a call at 10.45pm in relation to a male patient at Sligo University Hospital. Two Gardaí attended the hospital where they spoke with the man. He had a blue Adidas shoe box in his possession which contained loose tablets found to be two different types of Xanax.
The 1,328 tablets in the box had a total value of €2,656. He was arrested and brought to Ballymote Garda Station where he was questioned and released thereafter.
A second charge related to Gardaí responding to a report of an intoxicated male at Rathbraughan Park. They met the defendant who smelled of cannabis which was seized and later found to have a value of €40. The court heard a possession of alprazolam for the purpose sale or supply charge at the same location and date was being struck out
The court heard that the June 30, 2020 offence occurred when Gardaí received a report of an intoxicated male at Hillside Adventure Park. When they attended the scene they observed a number of males and Mr Steele was under suspicion.
A total of 28 tablets were found on him later found to be alprazolam, as well as cannabis tested locally which was found to have a value of €50.
The alprazolam tablets tested subsequently were found to have a value of €56, and the total drugs found were €106. The defendant admitted they were for his own personal use. The court heard the defendant had seven previous convictions all of which were road traffic related. Defending solicitor Mark Mullaney said his client had always maintained his innocence in relation to the supply of drugs – he was a user of an illicit substance – a Valium substitute which he was using for some time going back to 2018.
He said he had a difficult and hard life. This court appearance was the anniversary of his father’s death and he had been very good to his dad who had a lot of problems. Mr Steele lived on his own and was doing his best to address his issues. He’d been assessed and entered into treatment and reduction plans. Life was a “daily struggle” and he was not absolutely clean of drugs or alcohol. He was the father of a six-year-old child whom he saw intermittedly and had access to at weekends.
Mr Mullaney said: “It is a sad story to tell and a difficult life he’s lived
– a long as I’ve known him, he has always done his best.
“He said there was no suggestion he was selling or supplying drugs – he was buying tinfoil packs and, in one interview with Gardaí admitted he was abusing in taking up to 50 tablets per day.”
Judge Sandra Murphy said she had concerns about the matter including that he had some access to his young child. She said a probation report was very important and directed the production of one, adjourning the matter until March 2, 2023.