DISTRICT COURT ROUND-UP
From our reporter at Sligo Courthouse
Woman was arrested at A&E department
A woman who had become aggressive at Sligo University Hospital later spat at the rear seat and inside window of a garda patrol vehicle, a local court heard.
Amy Casey (31), of Abbey House, Abbey Street, appeared before Sligo District Court charged with failure to comply with a peace officer at the A and E department of Sligo University Hospital on October 13, 2022.
The court heard how Garda Alan Sweeney was called to the A and E department where he observed Ms Casey acting in an erratic manner. It was extremely busy there at the time and the defendant attempted to open the secured door into the treatment room. She was directed to leave in a peaceful manner by Gda Sweeney. She attempted to re-enter A and E through the rear entrance. When arrested and cautioned on a public order charge, she became aggressive. When she was taken away in the garda vehicle, she spat at the rear seat of the patrol vehicle as well as the inside window. The vehicle was out of action in order to be sanitised and forensically cleaned. Judge Sandra Murphy inquired of Sergeant Derek Butler as to the cost of the clean and was told €150. Ms Casey had 30 previous convictions. Defending solicitor, John Anderson, said his client had difficulty with addiction which was accepted by the state. Her mitigation was that a man who allegedly assaulted her partner was in the same emergency department that night and that was why she became so aggressive. She has apologised towards the staff there and was willing to apologise to Gda Sweeney but had not yet done so.
Judge Sandra Murphy said she had breached the terms of her bail conditions as directed by the Criminal Courts of Justice (CCJ). Ms Casey told the judge she attends addiction services, as directed. The judge adjourned the matter for sentencing until February 2, 2023, for an up-to-date probation report.
Punched brotherin-law outside funeral home
A local court heard a man charged with assault outside a Sligo funeral home got caught up in a volatile situation as part of a wider family dispute.
Michael Sweeney (46), of 62 Caltragh Crescent, Sligo, was charged with assault at Feehily’s Funeral Home, Sligo, on August 12, 2020. Sergeant Derek Butler told the court that Gardaí who responded to a report from the funeral home, observed a large gathering at the entrance who were attempting to gain access and keeping others out. The situation was extremely volatile and boiling over. Temperatures were high and there was a lot of aggression.
The crowd moved on as directed by the Gardaí. There was a complaint in relation to the defendant assaulting another man who received a punch in the face. Gardaí viewed the CCTV footage that showed a number of people pushing and shoving. The assault related to an ongoing family dispute within the Sweeney family and things were not good between two families.
Sgt Butler clarified for the judge that the defendant assaulted his brother-in-law. The injured party didn’t require medical attention nor was he aware of a victim impact statement having been made, he said. The defendant had three previous convictions including one for public order.
Defending solicitor, Tom MacSharry, said his client had indicated a guilty plea at an early stage and had apologised to the family. He said the court adjournment had worked well giving them time and commended Sgt Butler for the very fair way he gave the facts and his knowledge of people in Sligo. Mr Sweeney told the court he was a grandfather for the past six months and things were going well for him. He was under the care of his GP and mental health services in Sligo. There were two suicides in his family in a short space of time, at that time. He now saw his brother-in-law regularly and there was “no bother” between them and their wives. He said he was never part of the side of the family who argue with one another and had no grudge to hold. The reason the incident happened was that he was defending his 76-year-old father and it was “a moment of madness on my part”. He assured the court nothing had happened in the last two to three years saying he had missed christenings and anniversary masses to avoid such a scenario occurring again. Judge Sandra Murphy adjourned the matter until January 26, 2023, to allow time to canvass family members for a victim impact statement and get an update on the situation with the family feud.
Pensioner verbally abused council staff
A 73-year-old man who was verbally abusive towards County Council waste enforcement officers, received the probation act at Sligo District Court.
Willie Tighe (73), of Carrowgobbadagh, Ballisodare, Co. Sligo, pleaded guilty to the charge of threatening abusive or insulting behaviour at Oakfield, Sligo on February 22, 2019.
Sergeant Butler told the court two County Council waste enforcement officers – Sharon McKeown and Berry Guckian, who were after inspecting a yard, were driving along Oakfield Road when they saw a black Toyota driving behind them. They pulled in and the defendant came up to them saying, “you won’t ******* bring me down, you won’t harass me, I’ll harass you – I know where you live”. He made no admission when spoken to.
Defending solicitor, Tom MacSharry, said his client had no previous convictions. He was a selfmade and retired businessman who had started a successful business in the 1960s. There was another issue with Sligo County Council, and it was resolved. The incident was out of character completely. He was a very active and respected member in his community, did a lot of community work and had been a great employer. He had assisted Gardaí in the past and apologised to them. Given all he had done in Sligo, the solicitor asked the court to consider applying the Probation Act for his client.
Judge Sandra Murphy inquired had the two council workers accepted Mr Tighe’s apology and was told they had. Noting the nature and the circumstances of the offence as well as his character, she dismissed the matter under the Probation Act.
Women involved in unprovoked attack on former friend
A mother and daughter who seriously assaulted a former friend in an unprovoked attack, were each sentenced to two-months in prison with one year suspended.
Before Sligo District Court were Teresa Sweeney (56), and Alisha Sweeney (21), both of Glendallon, Sligo, who were charged with assault causing harm of Patricia Keane at Cartron Point on December 8, 2019. Defending solicitor, Tom MacSharry, said it was a serious
assault and his clients had €500 each with them in court by way of compensation to the victim. The women had been former friends who had holidayed together.
The court heard that Teresa Sweeney had one previous conviction for assault dating back to May 2010.
The fact it was a long period of time since then was taken into account. Judge Sandra Murphy said matters had fallen apart between the women, but it was an unprovoked attack with kicking involved. However, relations were now resolved between them.
Whilst the victim wanted to get on with her life and there was no victim impact statement, she convicted the women, sentencing them to twomonths’ imprisonment each with a 12-month suspension.
She also directed a compensation order of €500 in respect of both parties. They were put on bonds to keep the peace and be of good behaviour. Mr MacSharry said there would be no applications to appeal.
Man wouldn’t let gardaí leave his house
Sligo District Court heard how a man who became aggressive towards Gardaí who were trying to serve a summons on him had apologised to them.
Declan Gunnane (46), of Woodfield, Ballymote, Co. Sligo, was charged with obstruction of Garda Demetrius Doherty at Woodfield on March 14, 2022.
Sergeant Butler told the court Gardaí were called to a house to serve a summons. The defendant wouldn’t let them leave. When Garda Demetrius Doherty attempted to get in his vehicle, he tried to stop him and started to act extremely aggressively. He continued to tell them they were not going anywhere and squared up to them. He was aggressive towards both Gardaí and pushed them.
Defending solicitor, Gerard McGovern said his client went to the Garda station and sought out Sergeant David Murray to apologise and was in court to apologise for his behaviour. He was under the influence of alcohol on the day, and it was ironic the summons should never have been served – it should have been a fixed charge penalty notice. He was the father of three children and was presently living at home with his mother who was looking after him. He had his alcohol problem under control; he was not a man who went to the pub anymore and now took a drink at home. He was quite polite in the garda station, there was no ongoing difficulty with him, and he had good relations with the Gardaí.
Judge Sandra Murphy said any offence in relation to the obstruction of the Gardaí was serious in this court. The man had acted extremely badly in relation to obstructing Gda Doherty from getting back into his vehicle. Noting he had older previous convictions for public order, she convicted and fined him €200 granting him six months to pay.
Student tried to feel Gardai after abandoning car
Sligo District Court heard that a 22-year-old college student who threw his car keys over a wall when pursued by a garda on foot, was put off the road for two-years for drink driving.
Alex O’Connor (22) of Marlfield, Clonmel, Co. Tipperary, was charged with drink driving at Glencarrig, Sligo, on November 23, 2020.
Garda Colm Dolan gave evidence how he was on duty in the Glencarrig housing estate when he observed a vehicle driving along a straight section.
At the other end of the straight, he observed it take a sharp bend and coming around very fast swerving from side to side.
The garda flashed his lights as it approached to signal his location and an obstruction in front of him. As the vehicle drove on, he observed a male in the driver’s seat of the silver Audi A4 who continued to the end of the straight and turned left into a dead end.
He opened the door, exited the vehicle, and began running towards an alleyway. Gda Dolan pursued him on foot and saw he was extremely unsteady on his feet.
The man threw his car keys over a wall and the garda directed him to stop running. At the top of the estate, he stepped into a doorway, attempted to conceal his face and then said “okay, you got me”.
Garda Dolan cautioned the man, spoke with him and asked him his name. He noted a strong smell of alcohol off him, and his breathing was heavy. His eyes were glazed over and bloodshot and he was unsteady on his feet.
He was arrested, cautioned, and placed in handcuffs and walked back towards the patrol van before being conveyed to Ballymote Garda Station.
An alcohol blood test subsequently carried out by a designated doctor returned a positive reading of 112mls alcohol per 100 mgs blood.
Defending solicitor, Mark Mullaney, questioned why his client was handcuffed and Garda Dolan explained the man had made a “gallant” attempt to evade him and he felt if he got abusive towards him at that point, it was possible he wouldn’t be able to deal with it having just run a distance.
The solicitor also made the point that there was a legal requirement on the part of a Garda to give the reason for an arrest in ordinary language and submitted that Gda Dolan hadn’t given that explanation in his evidence.
Inspector Ray Tubman said there was no doubt on the part of the defendant as to the reason for his arrest saying the arrest was proper and the evidence given by Gda Dolan was good evidence.
Judge Sandra Murphy said she was completely satisfied Garda Dolan’s evidence was clear and straightforward – the defendant was “well aware” by his behaviour and the way it was dealt with by the garda that his arrest was lawful.
The court heard the defendant, who was a final year student in college in ATU, had no previous convictions. Judge Sandra Murphy convicted the man, imposing a fine of €350 with three months to pay, and disqualifying him from driving for two years.
Mr Mullaney said his client needed his car to return to his home county where he worked part-time cutting wood for firewood.
He asked that the judge postpone the commencement date of his disqualification until January 2023 to which she agreed.