DISTRICT COURT ROUND-UP
From our reporter at Sligo Courthouse
Two-year ban imposed for drunk driving
A man was put off the road for twoyears for drunk driving.
Stephen Carty (34), of Cregg, Rosses Point, Sligo, was charged with drunk driving at Ballyweelin, Rosses Point, on February 25, 2022. The court heard gardaí were carrying out an intoxication checkpoint when they stopped a silver Mini Cooper and made a demand to see a driving licence. A sample breath test was taken.
The defendant, who failed the reading, was brought to the garda station where he gave two specimens and found to have 56 mgs alcohol per 100 mgs breath and was charged. Mr John Anderson told the court his client had no previous convictions. He was 34 years old and was aware of the consequences. It would have a huge impact on his employment status which was regrettable. Judge Sandra Murphy imposed a fine of €250 granting him three months to pay, and disqualified him from driving for two years.
Man told he should be able to afford urine test
A judge told an apprentice carpenter if he could afford to buy cocaine, he could afford to pay a GP for a urine analysis test. Before Sligo District Court was Seán Bohan (19), Edergola, Cloona, Carrick-on-Shannon, who was charged with possession of drugs at Stephen Street, Sligo, on March 1, 2022.
Sergeant Derek Butler told the court that Garda Mark Irwin observed a male acting suspiciously at 10pm. He stopped him, asked him had he anything on him and Mr Bohan handed over a bag of cocaine which was found to have a value of €100. He admitted to the garda it was for his own personal use and co-operated with them.
Defending solicitor, Mark Mullaney said his client had no previous convictions and fully co-operated. When stopped by Garda Irwin and asked if he had anything on him he handed the drugs over. He was an apprentice carpenter in phase two of six phases.
Mr Mullaney had advised him to attend his GP to obtain a clear urine analysis however, he said he was not able to afford it. He was currently earning €300 a week and contributing €100 a week to his parents for his upkeep as well as running a car. Judge Sandra Murphy said if he could afford to buy cocaine, he could afford the test. She put back the matter until February 3, 2023, for him to get three urine analyses done by a GP. She also granted Mr Mullaney’s application for free legal aid.
Drug driving “a very serious matter” - Judge
Gary Murrin (34), of 1 Lyons Terrace, Finisklin Road, Sligo, was charged with drug driving at Lidl car park, Finisklin on April 12, 2021. The court heard he had 16 previous convictions, none of them for drug driving.
Sergeant Derek Butler told the court that Garda Niall McGill observed a white Ford Kuga at 22.45 hours which failed to indicate turning into the Lidl carpark. He spoke with the driver, took a roadside specimen which was analysed and tested positive for cocaine. He was brought to Ballymote Garda Station where he provided a blood specimen which was found to have 227.5 mgs of cocaine in his bloodstream. Defending solicitor, Tom MacSharry, said although his client had 16 previous convictions, he had none for this type of offence. He was at a turning point and no longer involved with this type of behaviour. He was in his early 30s with two children and had recently found employment. The loss of his licence would cost him dearly. He had fully co-operated with gardaí.
Judge Sandra Murphy said while this was a drug driving offence, there was a background of drugs possession going back to 2007 and right up to 2018. And going on the road with cocaine in his system was a very serious matter. With three previous for no insurance, she said “he is a man who doesn’t take the rules of the road in any way seriously”.
Someone driving with cocaine in their system posed a serious risk to the public and it was a very serious thing to do especially with his background. She said she wanted him to undertake a hair follicle test and adjourned the matter until February 16, 2023.
Mr MacSharry assured her his client would endeavour to get as many clean samples together as possible.
Man told court he was taking tablets for insomnia
A man told a local court he was self-medicating with alprazolam tablets he bought on the internet but had stopped taking them after two life-threatening seizures. Christopher Callaghan (33), of 19 Shannon Eighter, Old Bundoran Road, Co. Sligo, was charged with possession of drugs at Hillside Adventure Park on June 30, 2020. Sligo District Court heard how Garda Conor McNamara responded to a report of three intoxicated males at the park at 22.05 hours. He observed a number of empty beer cans, exited the squad car and spoke with the men. He removed
150 tablets from the defendant and subsequently arrested and charged him. The tablets were found to be alprazolam with a total value of €300. Mr Callaghan was questioned in relation to the large quantity and admitted to taking a large quantity that time as he was experiencing personal difficulties. There was no evidence the tablets were for sale and supply.
Judge Sandra Murphy questioned if there were children in the park and was told by defending solicitor, Mr Mark Mullaney there were none present as it was late at night. Sergeant Derek Butler told the court the defendant had 18 previous convictions – one for misuse of drugs.
Mr Mullaney said his client had mental health difficulties and furnished a letter to the court from his GP in relation to the medication he was on. In another letter, his GP detailed how he suffered from chronic insomnia and was under the care of a mental health team. He had been using the drug as a type of Xanax to self-medicate. He was known to gardaí but not for drugs and there was no suggestion of anything but personal use. He was still on prescribed medication from his GP and a urine analysis may not work in his case.
The defendant gave sworn evidence saying he was buying street drugs for his insomnia at the time because they were stronger (than prescribed medication).
He had suffered two seizures and nearly died twice from them.
The seizures happened around the same time of his arrest In June 2020 and were brought on by what he was taking at the time.
He had been buying the tablets off the internet but wasn’t doing so anymore – he was on his prescribed medication.
Judge Murphy convicted and fined him €250, granting him six months to pay.
Wasn’t covered while driving partner’s car
A local court heard a man who was involved in a road traffic accident driving his partner’s car, was not a named driver on her insurance policy.
Aaron Maher (25), of 56 Glendallion Park, Ballytivnan, Sligo, was before Sligo District Court charged with driving with no insurance at Horkan’s Garden Centre, Bundoran Road, Sligo, on August 2, 2021. Sergeant Derek Butler told the court that Garda Conor McDonagh attended to the scene of a two-vehicle accident at the garden centre’s carpark.
The driver of an Opel Insignia had reversed out of a parking space and into another vehicle. Footage from the CCTV camera which had captured the incident was obtained and he admitted he was driving at the time. The defendant who was driving on an L permit failed to produce insurance and admitted to having no insurance on the vehicle.
Defending solicitor, Mark Mullaney, said his client was unable to produce what he didn’t have.
His partner did have insurance on the vehicle, but he was not the named driver.
The car was not in his own name. He had made a guilty plea and had no previous convictions and had taken steps to address the insurance situation. Mr Maher had completed a Safe Pass course and there was the prospect of employment in Kildare where he was from.
The defendant told Judge Sandra Murphy he was working on getting his driving test. The judge, noting his current policy was with his partner’s policy and no previous convictions, imposed a fine of €250 granting him three months to pay. She declined to disqualify him. She convicted and took into consideration his failure to produce insurance.
Man ‘shouldn’t be involved with drugs at this stage’
A 48-year-old man charged with drug driving was told by a judge told he shouldn’t get involved with cannabis at his stage in life before putting him off the road for a year. Before Sligo District Court was Timothy Hassett (48), of Parke, Kilglass, Enniscrone, Co. Sligo, who was charged with drug driving at Carrowhubbuck South, Enniscrone, on January 1, 2021. The court heard that Sergeant Gerard Murphy was operating a checkpoint at 16.20 hours when he stopped a white Citroen Berlingo van. He conducted a drugs test on the driver which tested positive for cannabis.
Mr Tom MacSharry, defending, said his client had no previous convictions and there was a high level of co-operation with the investigation. He was a middle-aged self-employed man, and the loss of his licence would cost him dearly. Judge Sandra Murphy said he shouldn’t get involved with cannabis at his stage in life. She convicted and fined him €250 granting him six months to pay and disqualified him from driving for one year.
‘Grow your own’ cannabis experiment
A local court heard a man who cultivated cannabis as a grow your-own experiment, had a very positive probation report. Glen Murrin (26), of 1 Tonaphubble, Sligo, was charged with cultivation of cannabis at 1 Tonaphubble, on August 2, 2019.
Mr Tom MacSharry, defending, said his client’s whole world had changed since September with the birth of his first child – he was very stable now that he was a father. In relation to the offence itself, when the gardaí came with the warrant three years ago, he directed them to where he was growing it.
It was a ‘grow-your-own experiment’. His probation report was back and the officer was very impressed with him.
Judge Sandra Murphy described it as a very positive report and Sergeant Butler said he was of no concern to the gardaí.
The judge put him on a probation report of six-months on condition he comply with all directions of the probation services during that time.
Sentenced to 120 hours community service
A man with multiple previous driving convictions was sentenced to 120 hours community service and disqualified from driving for 10 years at Sligo District Court. Michael Kilcullen (32), of 25
Ard Laighe, Coolaney, Co. Sligo, was charged with intoxication at Tobergal Lane on December 16, 2021. He was further charged with failure to produce insurance at Carraroe, Sligo, on September 23, 2020.
Defending solicitor, Mr Mark Mullaney, said his client was back in court again with a drinking issue in a short period of time and Mr Kilcullen himself thought he didn’t have an issue.
He asked the court to allow him the opportunity to engage with the probation services. He was the father of a young family and his partner very much depended on him – as referenced in his long probation report. His family had no car so there was no temptation to drive.
The court also heard he was currently under the supervision of the probation services for 12 months in relation to the assault of his mother and was addressing his issues.
Judge Sandra Murphy noted his 12 previous convictions – 10 for road traffic offences and that he was disqualified from driving at the time of offending.
She also noted he was currently on a suspended sentence and seven-year driving disqualification, and this would be his fifth conviction for no insurance saying “the problem is, this man doesn’t obey”. In relation to the failure to produce insurance offence, the judge convicted and sentenced Mr Kilcullen to 120 hours community service to be served over six months. She disqualified him from driving for 10 years – taking into consideration driving without a driving licence, non-production of a driving licence, non-display of an NCT certificate and non-display of an insurance certificate charges. She put him on a bond of €250 for 12 months on condition he commit no offences, be of good behaviour and comply with all conditions of the probation services – putting the state at liberty to re-enter of he broke the conditions.
The judge adjourned the intoxication charge until October 26, 2022.