DISTRICT COURT ROUND-UP

From our reporter at Sligo Courthouse

Four-year driving ban for insurance offence

A 43-year-old driver was put off the road for four years for driving without insurance.

Marcin Urbanik of 40 Crozon Park, Sligo, was charged with not having tax and failure to produce insurance at Ray MacSharry Road, Sligo on May 24, 2021.

Sligo District Court heard that Garda Peter O’Donnell stopped a motor vehicle at 18.00 on the day in question. It had no tax displayed and so he made inquiries, and it transpired he also had no insurance. He cautioned the man and asked if he had insurance which he did not.

The man had a previous conviction in 2021 (related to a July 2020 offence) for no tax, and no insurance which were taken into consideration. He was disqualified from driving for eleven months and fined €250. He also had a second previous conviction for driving with no insurance which resulted in a disqualification for four years.

Judge Sandra Murphy inquired from Garda O’Donnell had the tax been paid – he said it had not, telling her the vehicle had been seized and was never taken back by the defendant. No tax was ever paid on the car, and the old car was now destroyed. On the no insurance charge, the judge convicted and fined the man €350 disqualifying him from driving for four years. In relation to the no tax charge, she imposed a fine of

€350 granting him three months to pay.

Charged with drink driving and alcohol theft

A 46-year-old man pleaded guilty at Sligo District Court to charges of drink driving, theft of alcohol and intoxication in a public place.

Martin Sweeney of Molloway Place, Ashlane, Sligo was charged with drink driving at Molloway Place on June 6, 2020. He was also charged with theft of alcohol to the value of €15.49 from Tesco, O’Connell Street, Sligo, on May 13, 2021. He was further charged with intoxication at First Sea Road on September 8, 2021. Sergeant Derek Butler told the court Gardaí received a call about a car driving erratically. At the scene, they observed a Ford Focus meandering from side to side. The vehicle then turned right towards the hospital followed by an immediate erratic turn left and failed to indicate. When they stopped the driver, there was a smell of alcohol from him and they conducted a test. He was arrested and brought to Sligo Garda Station where he was found to have 150mgs alcohol per 100mgs blood.

In relation to the theft offence, Sergeant Butler told the court Garda Martha Carter was on mountain bike patrol when she was called to the Tesco supermarket. She viewed the CCTV footage and observed a man stealing alcohol to the value of €15.49. On May 15, he obtained a caution at Sligo Garda Station, and admitted the offence.

In relation to the intoxication charge, gardaí responded to a report of a man walking alone on the road shouting and roaring.

They observed him sitting on a wall and when he stood up he was very unsteady on his feet. He had no sense of the conversation due to the alcohol and there was a strong smell of alcohol from him. He was conveyed to Sligo Garda Station when a Fixed Charge Penalty Notice (FCPN) was issued.

Defending solicitor, Tom MacSharry said his client was making a guilty plea on the public order charge. He had a problem with alcohol but had long periods of sobriety. He said he has a provisional licence. Judge Sandra Murphy queried why he wasn’t accompanied. The solicitor asked for an adjournment to clarify his driving licence status. The judge adjourned the matter until January 26, 2023, for production of a driving licence as well as mitigation and sentencing. A Covid matter was struck out due to lack of evidence.

In relation to the theft, Mr Sweeney elected to be tried at the district court and the judge put him on his election.

One year ban for driving under influence

A 34-year-old man who pleaded guilty to driving under the influence of cocaine was put off the road for one year.

Before Sligo District Court was Kyle McCullagh of Carrowlustia, Calry, who was charged with driving under the influence of drugs at Mail Coach Road on September 22, 2020. Sergeant Derek Butler told the court that Garda Fitzgerald was conducting a pro-active checkpoint when he stopped a navy-coloured Renault car.

The driver’s speech was erratic, his pupils were large, and his eyes were “glassy”. He replied he was at a party before-hand that night where he took cocaine. He was immediately cautioned and made a guilty plea. He provided a specimen which was analysed and tested positive for cocaine. He was conveyed to Ballymote Garda Station where a designated nurse took a specimen which was found to have 100.8mgs per 100mls blood.

Sligo Courthouse.

The court heard he had five previous convictions – the most recent of which was at Tubbercurry District Court in January 2022, when he was fined for exceeding the speed limit. Defending solicitor, Mark Mullaney said his client had fully co-operated with gardaí at Ballymote Garda Station where there was no need for handcuffs and had made certain admissions. He said he commuted and walked to work at a local factory now. He had two previous convictions in 2022 and 2012 for road traffic offences. The solicitor said he explained the consequences to him and asked Judge Sandra Murphy to postpone the disqualification for one month.

The judge convicted and fined Mr McCullagh €250, granting him three months to pay and disqualified him from driving for one year – postponing the start of the disqualification until November 20, 2022.

Man, 24, stole clothes from sports shop

A 24-year-old man charged with theft was given a two-month prison sentence at a local court.

Before Sligo District Court was Bernard Sweeney of Alma Terrace, Sligo who was charged with the theft of three pairs of Nike tracksuit bottoms from Elverys, Johnson Court, Sligo, on May 21, 2017 - the value of the clothes was €120.

The court heard he had five previous convictions – the most recent of which was at Ballina District Court for an offence in December 2017 theft making gain by deception or loss for which he was sentenced to two months in prison.

Defending solicitor, Gerard McGovern said his client was now 24 years old and was 19 at the time of the offence with a clear record. He was now a married father of three children – one of whom was quite ill. He was quite happy to enter a guilty plea and did so last week.

His father, Bernard Sweeney senior, who was with him in court, took the stand and addressed Judge Sandra Murphy. He told her he was involved in an organisation called Irish Traveller that was interested in finding out why members of the travelling community were over-represented in the prison system. He said he had signed his son up for a course geared towards arts and film and his goal was to keep Irish travellers out of the courts and keep them in employment and training. Gerard McGovern said his client was currently at Castlerea prison where he was serving a sentence since October 4 and asked the judge to deal with the current offence before her by way of a fine.

Judge Murphy convicted and sentenced Mr Sweeney to two-months in prison to run concurrently and backdated it to when he went into custody.

Suspended prison sentence for growing cannabis

A 41-year-old man before Sligo District Court charged with cultivating cannabis plants and possession of cannabis was given a suspended prison sentence.

Before Judge Sandra Murphy was Lee Rodney Gethins of 28, Yeats Heights, Ballytivnan, Sligo, who was charged with possession of cannabis on February 5, 2021, and cultivating cannabis plants on September 30, 2020 at Yeats Heights.

The court heard a warrant was executed to search the defendant’s house at Ballytivnan. Garda Guinan found a cannabis plant with a value of €800 on September 30, 2020. In relation to the possession charge of February 5, 2021, gardaí executed a warrant to search the same house where they found a small amount of cannabis to the value of €60 in the kitchen. Defending solicitor, Tom MacSharry said his client was before court on drugs offences in 2011 and 2009 which was over ten years ago. He had seven previous convictions. More recently, he had been sentenced to 18-months in prison with four-years suspended for violent disorder, and two counts of assault causing harm were taken into consideration.

He was the father of eight children who had suffered depression in the

past and had spent time in a mental health unit. He worked with the local authority, which was involved with urban regeneration projects, and was well respected and regarded in his community. He had used cannabis for his health. Mr MacSharry said anytime he sees Mr Gethins, he was playing football with one of his children, and was not a man who took a drink.

He was part of a stable household. He was pleading guilty and was very much at the mercy of the court. Judge Murphy said it was his third time before court on a drugs charge saying the maximum penalty for cultivation of cannabis was 12-months in prison. On the cultivation charge, she sentenced him to two-months in prison suspending 12-months. In relation to the cannabis possession charge, she sentenced him to one-month in prison suspending 12-months. Mr MacSharry said his client was very grateful to the judge.

Prison term and lengthy ban for motorist

A man with multiple previous road traffic convictions was put off the road for six years and sentenced to five months in prison at Sligo District Court.

Fergal A McDermott (33) of Hillside View, Killargue, Co Leitrim, was charged with no insurance, driving without a driver’s licence and failure to produce a driver’s licence at Sligo Junction on December 29, 2020.

The court heard how Garda Peter McDonnell observed a black BMW V5 enter the Sligo Junction car park. The defendant went into the shop and the garda could see the vehicle had no insurance or tax displayed. He questioned the man when he returned to the car who informed him he was insured.

The garda made a lawful demand for his driving licence or a certificate to exempt him. Sergeant Butler clarified the defendant had produced insurance certificates; however, he needed the driving licence for them to be valid – an insurance certificate was not valid without a driving licence.

The defendant who took the stand told Judge Sandra Murphy he was the passenger and not the driver on the day in question however, he wouldn’t name the driver.

He said he came back to the car with his takeaway dinner whilst on the phone.

He had taken out the keys when the garda came along but wasn’t driving.

He said footage from any of the 30 or 40 CCTV cameras in the vicinity would prove he wasn’t driving; however, couldn’t produce evidence in court to back-up his point.

He then said he had borrowed the car for two to three months but only drove it on his private land.

Judge Murphy pointed out the issue was black and white in relation to the insurance and without a driving licence, an insurance certificate was not valid.

The court heard the defendant had 36 previous convictions – five of which were for driving without insurance.

The most recent conviction was at Ballyshannon District Court for driving under the influence of drugs for which he received a one-year disqualification on his licence. Mr McDermott who defended himself, told the court he was on disability allowance, and had children but no access to them.

Judge Murphy said she would deal with it as a no insurance case and took into account his last conviction for no insurance was March 10, 2022. Noting his previous convictions, driving record and the issue of driving without insurance, she convicted him, sentencing him to five months in prison and disqualifying him from driving for six years – taking into account he had no driving licence.

Had bag concealed under skirt to hide stolen goods

Sligo District Court heard a 25-yearold woman who stole goods from a supermarket concealed them in a handmade bag underneath her skirt. Margiana Muntean of The Meadows, Ballaghderreen, Co

Roscommon, was charged with stealing clothes and toys to the value of €160 from Tesco, O’Connell Street on February 9, 2022.

She was further charged with stealing two hats to the value of €18 from Tesco on January 31, 2022. She was also charged with handling stolen property at The Mall, Sligo, on November 22, 2021.

Sergeant Derek Butler told the court on February 9 a patrol on the Mall, Sligo, by Garda George Chambers and Garda TJ Gallagher was called to the Tesco supermarket where they met store security who told them a woman had left the store without paying for goods.

When they found the woman, she had a two-year old child and a twomonth-old baby with her. She was arrested and a female garda attended the scene to carry out a search of the woman finding clothing and toys in a handmade bag underneath her skirt. Her children were later collected by family members at Sligo Garda Station.

Another offence from January 31, 2022, related to the woman stealing two hats.

She made a full admission to both offences and co-operated with gardaí. Defending solicitor, Mark Mullaney said there was no loss to the supermarket as all items were recovered by gardaí when they met and spoke with Ms Muntean.

Sgt Butler confirmed to the court the items from both incidents were recovered and returned to Tesco.

The solicitor told the court his client was a mother of three children with another baby due.

She lived in Ballaghderreen and wanted to concentrate on being a good mother to her children.

The incident seemed limited to that short window of time. She had nothing to provide for her children and all items taken were household items for them – out of financial desperation she behaved the way she did.

She was in receipt of children’s allowance of around €400 per month and her partner received other social welfare payments so the family income was quite limited. She had told the solicitor she didn’t know the exact household income.

Judge Sandra Murphy said she saw a difficulty if that was her situation, and she was expecting a baby.

She had not come to garda attention since February 2022 and maybe that was an indication she would keep on the straight and narrow.

Even though there were a series of offences between November 2021 and February 2022, she had no previous convictions.

However, there was a spate of thefts and certainly a level of pre-meditation with the defendant constructing the bag concealed under her skirt. The judge dismissed the handling charge in accordance with the Probation Act.

In relation to the two Tesco offences, for each offence she convicted and sentenced the woman to one-month in prison, suspending 12 months.