DISTRICT COURT ROUND-UP
From our reporter at Sligo Courthouse
Apology doesn’t spare man from jail term
A thirty six-year-old Sligo man was given a 10-month prison sentence despite making an apology to his victims.
Gary Duncan of Seaview Park, Strandhill Road was charged with intoxication at Seaview Park on September 16, 2023 and also at High Street on November 3, 2023. He was also charged with engaging in threatening, abusive or insulting behaviour at Seaview Park on September 16, 2023 and also at Jinks Avenue on June 24, 2023.
Duncan was charged with theft of alcohol and food items value €41.70 from Tesco, O’Connell Street on November 6, 2023. He was charged with theft of alcohol from Centra, Castle St on October 10, 2023 and Centra, Rusheen Ard on August 30, 2023.
A theft charge of two hats from DV8, O’Connell Street on September 1, 2023 was also before the court. He was also charged with theft of a bag from the same premises on September 9, 2023.
Further charges of theft of alcohol from Aldi, Cranmore Road on September 16, 2023, Londis Store, Cleveragh Road on October 3, 2023 and Centra, Castle Street on November 3, 2023 were also before the court.
The Court heard from Sgt Derek Butler that Gardai received a report on December 20 from a Mr Ron Vos that his car, parked outside a property in Sligo, had been damaged the night before by Duncan with a significant number of scratches on it. CCTV footage showed Duncan to be scraping the car with a knife with the damage caused claimed by the injured party to cost €3000 to repair. The Court also heard that on June 6, 2023, Mr Vos saw Duncan outside his house causing a disturbance.
In a separate incident on August
30, 2023, Duncan entered the Centra store on Castle Street, Sligo and attempted to buy a can of beer but was thrown out having been previously barred by the store.
However, it was discovered that he had walked out with four cans of beer up to the value of €22. The cans were later recovered.
On September 1, 2023, Duncan took without paying two hats – one valued at €12.95 with other at €17.95 – from the DV8 store on O’Connell Street, Sligo. The hats were not recovered. Days later on September 9, 2023, Duncan entered the DV8 store on O’Connell Street and walked out without paying for a bag worth €42.98. It was only when he attended a Gardai station to sign on as part of his bail that he was caught with the station having had the theft reported to them earlier. Duncan made full admissions and the bag was returned to DV8.
Also disclosed to the Court was that on September 11, 2023, Duncan visited a separate Centra store where he paid for one can of beer but had concealed with two other cans with a total value of €11 and walked out without paying for those.
The Court then heard that on September 16, 2023, at the Aldi store at Cranmore Lane, Sligo, Duncan took two cans of beer from the shelf but only attempted to pay for one.
On the same day, Gardai saw Duncan in an intoxicated state and calling a passing woman a “fat pig”.
He was arrested.
Duncan, on October 3, 2023, entered the Londis store on Cleveragh Road, Sligo, where he paid for one can of beer but left without paying with two others – total value of €12.
The Court was told that on November 6, 2023, Duncan entered the
Tesco store on O’Connell Street, Sligo. Duncan placed food and alcohol items worth a total of €41.70 into a bag and attempted to walk out from the store without paying. He was stopped but refused to wait for the Gardai to arrive.
The following day, he returned to steal €12.80 worth of Koppaberg cider and was seen to have a knife on his person.
The Court heard that on November 9, 2023, Mr Ron Vos’ car was once again damaged by Duncan – this time causing damage to the front tyre on the passenger side with a knife.
CCTV footage showed Duncan using the knife on the vehicle with the knife itself being found on the grounds of the Southern Hotel having been discarded there by the defendant.
Mr Duncan was granted the opportunity to read a statement to the Court where he offered a full apology to Mr Vos and cited his behaviour to his addiction to both alcohol and cocaine. He added that Mr Voss had nothing to fear from him.
Mr Vos, who was in Court, accepted the apology and shook hands with Duncan.
Duncan then apologised to his mother and the Gardai stating that his addictions had “ruined his life” and that he accepted he would be facing his third Christmas in prison. He added that the time he has spent remanded in custody has resulted in him doing “a lot of thinking” about his life and that alcohol has “ruined my reputation” and “brought a lot of shame on my family” adding that he had not seen his daughter for seven years.
He ended by saying that he “never wants to touch cocaine again” and wants to go to AA meetings to help curb his drinking.
Duncan’s solicitor, Tom
Macsharry, told the Court that all the charges were alcohol-related and they were “indicative of a man in the throes of addiction. When he is sober, he is a productive member of society”.
Mr Macsharry concluded by asking the Court to either apply a suspended sentence or a partially-suspended sentence.
In sentencing, Judge Deirdre Gearty told Duncan: “You come before the Court with a history that’s deplorable.
“I can sympathise with your addiction issues but you’ve been afforded chances by this Court and other Courts.
“You put all these substances into your body which, as a qualified gym-instructor, you should have known better.
“You made Mr Vos’ life a misery and you’ve broken your mother’s heart. You also have no money to pay for the stolen items or the damages caused.”
Mr Duncan was sentenced to 10 months in prison with a further six month sentence suspended for two years to be placed upon him when he is released.
Man’s drunken behaviour proves to be costly
A man’s drunken behaviour has led to him being fined.
David Eakins, 46, of Knocknahur, Sligo , pleaded guilty at Sligo District Court to engaging in threatening, abusive or insulting behaviour at Ballydoogan Road, Knocknarea on October 4th 2023.
Charges of failure to provide a name and address and intoxication were struck out.
Sgt Derek Butler told the Court that at 3.50am on October 4, 2023, Gardai officers saw Eakins lying on a footpath.
When they approached him to see if he was alright, Eakins – who appeared to be “highly intoxicated” – acted in an aggressive manner towards the guards.
It was disclosed to the Court that the defendant has 11 previous convictions.
Defending solicitor, Mark Mullaney, told the Court that his client was “disorientated” causing him to fall and bang his head on the footpath. He added that Eakins “regrets his behaviour and should have listened to the guards”.
Judge Deirdre Gearty fined Eakins €400.
Tried to hide under car after running from garda
Sligo District Court heard how a young footballer, described as having a “promising career” ahead of him, threw himself underneath a parked car to avoid being arrested.
Liam Lee, 19, of Teach Mhuire, Cleveragh Road, Sligo was charged with dangerous riding of a pedal cycle at Castle St on March 11, 2023 which was struck out and also resisting Sergeant Ciaran Crossan in the execution of his duty.
Sgt Derek Butler told the Court that Lee had been seen cycling erratically along Castle Street, Sligo and was shouting and cursing at guards. Lee proceeded to cycle up a oneway street only to fall off his bicycle at Market Yard.
The guards tried to apprehend Lee but he struggled and then ran off.
Lee then tried to climb underneath a parked vehicle and had to be dragged out by the guards.
Defending solicitor, Mark Mullaney, told the Court that while his client was not intoxicated, he admits that his behaviour was “embarrassing”.
He added that Lee is currently a student at Trinity College Dublin and has “a promising football career”.
Judge Deirdre Gearty asked Mr Mullaney for an assurance that Lee would not leave the paying of any fine imposed by the Court to his parents.
Mr Mullaney replied that while Lee’s mother would pay the fine, it would be the form of a loan to be repaid back to her by Lee.
Lee was fined €200 with the charge being struck out when it is paid.
Bail granted with Circuit Court date handed down
A Co Tyrone man has been given a January date for his case to be heard at Sligo Circuit Court.
Sgt Derek Butler confirmed that the book of evidence was served on Patrick Higgins, 92, with an address at Killymel Road, Dungannon, Co Tyrone is charged with driving a vehicle without due care and attention thereby causing the death of Alice Dunleavy of Lord Edward Street, Ballina at Atlantic Caravan Park, Enniscrone, Co Sligo on August 5, 2022.
Higgins was remanded on bail at €100 and will appear at Sligo Circuit Court on January 23, 2024.
Fine for defendant involved in traffic collision
A driver involved in a road-traffic collision has been fined.
Killian Hurley, 51, of Cummeen Hill, Strandhill Road , issued a guilty plea via his solicitor – Mark Mullaney – as he was not present at Sligo District Court due to being resident in Spain.
He was charged with careless driving at Ballincar, Rosses Point on December 30, 2021.
Sgt Derek Butler told the Court that on the night of the incident, a traffic collision involving Hurley, who was driving, collide with a pedestrian whose leg was run over by Hurley’s car. The injured party was later taken to Sligo Hospital.
Sgt Butler added that it was wet and dark when the incident happened and that Hurley did not test positive for both drink and drugs. Defending solicitor, Mark Mullaney, said that his client did observe the pedestrian but as there was a lot of traffic, he thought the pedestrian was further away than he thought. Mr Mullaney asked the Court to take into account his client’s early plea of guilty.
Judge Deirdre Gearty said Hurley had “accepted responsibility” and fined him €200.
Lashed out at Garda after trying to jump in river
A woman who, when intoxicated, tried to jump into the Garavogue river, had to be held back by concerned citizens.
Caroline Martyn, 62, of, Knocknarea, Sligo was charged with intoxication at Rockwood Parade on November 25, 2022.
Sgt Derek Butler told the Court that at 7.51pm on November 25, 2022, Gardai officers saw Martyn trying to jump into the river.
They also noticed members of the public trying to hold Martyn onto the railings to stop her from doing this.
When Martyn was pulled back to safety she then “lashed out” at one of the guards, Sgt D’Arcy.
Ms Martyn told the Court: “I want to apologise to Sgt D’Arcy for my behaviour.”
Judge Deirdre Gearty fined Martyn €200 – which she paid – and placed a probation order on her.
Man who took baby formula is fined
A man who took a container of baby milk formula without paying has been fined.
Hugh McGinley, 25, of Bay 2 Halting Site, Alma Terrace, Finisklin was charged with the offence at Tesco, O’Connell St on September 8, 2021. He was also charged with a similar offence on December 7, 2020.
Sgt Derek Butler told the Court that on September 5, 2021, staff at the Tesco store on O’Connell Street reported that a man had taken a container of Cowgate baby formula worth €13.99 without paying. On December 17, 2021, Gardai officers visited McGinlay at his home where the defendant made full admissions and co-operated in full. Defending solicitor, John Anderson, asked the Court to take into account his client’s early plea of guilty.
Judge Deirdre Gearty fined McGinlay €200.