DISTRICT COURT ROUND-UP
From our reporter at Sligo Courthouse
Defendant said he had “loads of hope” with issues
A man before a local court on five public order charges told a judge he had “loads of hope” and was trying his best to address his alcohol issues. Bill Kenny (58), of 10 Rathmudder, Gurteen, Sligo, was charged with intoxication in a public place at Stephen Street car park, Sligo, on April 23, 2022, and charged with the same offence at Dominick Street, Sligo, on the same date. There were three further intoxication charges at Ballymote on April 17, 2021, Rockwood Parade, Sligo, on May 8, 2021, and Teeling Street, Ballymote, on February 3, 2022.
Defending solicitor, John Anderson, said his client was not a man of means and was living homeless. He was arrested for his own safety, all the offences were for public order. He had apologised to the members of An Garda Síochána and the court.
The court heard he had two previous convictions – both for public order offences. He told the judge he had “loads of hope,” and was trying his best and could go back to Alcoholics Anonymous (AA).
Judge Sandra Murphy asked him to give her his word that he would return to meetings and attend his
GP, telling him he could take responsibility for himself, and he was not old.
Having read a medical letter Mr Kenny also furnished to the court, the judge told him his health was at risk and his liver would be the next to go. She convicted him and imposed a fine of €40 for each of the charges totalling €200. Mr Anderson assured the judge his client would take the opportunity she gave him.
Man said he was exhausted and homeless
A man who was found drunk and shouting at people at Sligo Bus Station told a local court he was exhausted as he was homeless at the time.
Jan Wolnik (61), of no fixed abode, was charged with intoxication in a public place at Sligo Bus Station on November 9, 2021.
Sergeant Derek Butler told Sligo District Court that Gardaí received a report of a man drinking alcohol outside Sligo Bus Station and shouting at passers-by. He was observed holding a can of beer and shouting at the top of his voice at people present, including children, and was shouting about being homeless.
When Gardaí spoke with him, he at first refused to provide his name but then did. There was a strong smell of alcohol coming from him, he attempted to open another can of beer and was un-cooperative. Mr Wolnik told the court he was homeless at the time and trying to get accommodation organised. He was two to three weeks on the streets and was just “exhausted” at the time. He said he apologised to the staff at the local bus station whom he knew – that had accepted it and knew it was a once-off. He was making attempts to ensure it didn’t happen again.
He had been sober for the last 13 months and was proud he didn’t get into any trouble this year. He had managed to secure a roof over his head caretaking a property in exchange for rent and was teaching English to people from Ukraine. He had a lot on his plate with a brother in the late stages of cancer and was keeping himself together. He was identifying patterns of behaviour and dealing with it, attending his GP and looking to attend counselling. Sergeant Butler looked for an undertaking from him to change his behaviour and suggested AA, and Mr Wolnik replied he hadn’t thought of it but would consider it. The sergeant reminded the court that Gardaí had identified another incident from October 6 this year.
Defending solicitor, Mr Tom MacSharry, said his client was a very mannerly, decent man who when he touched alcohol, got into trouble. The court could give him support to “test his metal” in relation to alcohol.
Judge Sandra Murphy noted he had 13 previous convictions – seven for public order offences and a very recent conviction when he entered into a bond to keep the peace for 18-months which he had broken.
She said there were two sides to the man – he was educated and a well-up man, yet there was an incident which involved carrying a knife. He was well able to access services – teaching Ukrainians but need to intervene himself. She sentenced him to twomonths in prison, suspending it for 24 months and directing him to enter into a bond to keep the peace and be of good behaviour and commit no other offences.
Had six-inch knife during “night of madness”
A man who brandished a six-inch hunting knife in front of pub doorstaff had his case dismissed at Sligo District Court.
Jonathon Murphy (32), of 189 Redford Park, Greystones, Co. Wicklow, was charged with possessing a knife with a blade at O’Connell Street, Sligo, on October 19, 2021.
Defending solicitor, John Anderson said that although it was a very serious incident, it was “a night of madness” and he had issues at the time in relation to his infant.
It was a stressful time with Covid, funds were tight as a student, and he was a long way from home.
He said his client was now working as an electrician and there were no issues since. He was a young man with a child who had a rare condition which had been causing difficulties. His client was asking for a chance to move on with his life, had co-operated and the probation services were very happy returning a very favourable probation report on him. He had no previous convictions, one would be nailed to his CV for the rest of his life, and he was asking the judge to apply the Probation Act.
Sergeant Butler said the man was very remorseful and mortified over his actions and had not come to garda attention since. Judge Sandra Murphy addressed the issue as to why the six inch hunting knife was not mentioned in the report and only the hammer.
She told him he couldn’t drink alcohol and if drink brought out that behaviour in him by completely flipping it, then he shouldn’t do it.
She dismissed a conviction and directed he pay €500 to the Sligo Family Resource Centre on the Mall.
Four-year driving ban imposed for multiple offences
A man was put off the road for four years at Sligo District Court for multiple driving offences.
Toms Zaharevskis (28), of 9 Hazel Grove, Clonbalt Wood, Sligo, was charged with failure to produce a driving licence, failure to produce insurance, driving without a driving licence, no insurance and failure to produce a driving licence or learner permit within ten days, as well as exceeding the national speed limit at N4 Whitehill, Castlebaldwin, Co. Sligo, on September 5, 2020.
Sergeant Derek Butler told the court the defendant was driving at 136kms/hr in a 100km zone. When stopped, a demand was made to produce his driving licence and he failed to produce it within 10 days. He had eight previous convictions, including two imposed in April 2021 and September 2021 for driving without insurance.
Mr John Anderson, defending, said the man’s long-term partner had a brain tumour and was six-months pregnant with their first child. He was a Latvian national living in Ireland for 18 years, didn’t drive anymore and got public transport. He had received a two-year disqualification on his second insurance offence and the solicitor asked the judge to treat this offence as a second one. He was now working full-time in construction in Dublin and had come to Sligo to deal with matters and knew he couldn’t drive. The judge noted it was his second offence for speeding and on the speeding charge, convicted and imposed a fine of €250 granting him three months to pay. On the insurance charge, she convicted and imposed a fine of €350 with three months to pay and disqualified him from driving for four years. On the no driving licence matter, she imposed a fine of €150 with three months to pay. Failure to produce both documents was taken into consideration.
She told him if he came before the court again, he was facing a custodial sentence.
Clenched his fists and stuck out his chest at gardaí
A judge ordered a probation report on a 20-year-old man who climbed down from the balcony of an apartment and was aggressive to Gardaí calling them “pigs, whores and scumbags”.
Patryk Gawrecki of 5 Steeple
View, Collooney, was charged with threatening, abusive and insulting behaviour at Market Yard, Sligo, on February 25, 2021.
The court was also told that gardaí were called to Market Yard apartments having received reports of a disturbance. They observed a man on the balcony of number seven who was shouting and swearing which was heard by residents and refused to stop when asked.
He climbed down the balcony and was unsteady on his feet with his eyes glazed over and there was a strong smell of drink off him. He continued the disturbing behaviour calling the gardaí, “pigs, whores and scumbags”.
He struck out his chest and clenched his fists to try to intimidate them. When arrested and cautioned he replied “**** you”. He was brought to Ballymote garda station where he was still behaving aggressively and was placed in a call straight away. He was unsuitable for adult caution even though he had no previous convictions.
Defending solicitor, John Anderson, furnished a copy of a letter of apology to Garda Eoin Beirne to the court. He said his client was a young man who had hoped to join the army but couldn’t.
He made a guilty plea at the earliest opportunity. Drink was an issue for him at the time, but he had not come to garda attention since. It was a point in time in his life and now he was working full-time in a factory and could come up with €150 by way of a charity donation.
Judge Sandra Murphy said: “It is absolutely outrageous behaviour to call Gardaí who are trying to keep the peace in Sligo those names.”
She ordered a probation report and adjourned the matter for sentencing until March 30, 2023.
“Being drunk no excuse” - Judge tells man
A 42-year-old intoxicated man with a serious record who was before a local court on a public order charge was told by a judge that being drunk was no excuse.
Ross Feeney (42), of Mountshannon, Bundoran Road, Sligo, was charged with threatening/ abusive/ insulting behaviour in a public place at Ashbury Lawns, Ballinode, Sligo, on October 9, 2021.
Sligo District Court heard that Gardai responded to reports of a disturbance and spoke with the occupants. The defendant was heavily intoxicated and asked to leave the area and did so briefly. He returned and tried to force himself into the house becoming aggressive. He was restrained and brought to the garda station where a fixed charge penalty notice (FCPN) was issued. In mitigation, solicitor John Anderson said on the night in question, his client’s brother had come down to his long-term partner’s house and there was an argument between the brothers outside before he was removed.
He was intoxicated and didn’t deny it. He hadn’t come to garda attention since a conviction in 2020. The court also heard he had four previous convictions, including one for assault causing harm in 2015 when he was sentenced to nine months in prison. Judge Sandra Murphy said the man had a serious record and it concerned her when someone like that came before the court again.
She directed he pay €150 forthwith taking into consideration the other public order charge telling him being drunk was no excuse.
Man chased by detective had 54 convictions
A man charged with unlawfully impeding a peace officer who had his case adjourned for a judge to consider the penalties for the offence was again before Sligo District Court.
Ian McMorrow (37), of 54 Rathbraughan Park, Sligo, charged with unlawfully impeding a peace officer at 54 Rathbraughan Park, Sligo, on January 22, 2021.
Noting he had 54 previous convictions and was chased by plainclothed Gardaí at midnight, Judge Sandra Murphy convicted Mr McMorrow sentencing him to threemonths in prison, suspended for 12 months.