DISTRICT COURT ROUND-UP
From our reporter at Sligo Courthouse
Wrong number plate sees case thrown out
A 26-year-old man walked free from Court following a number of procedural errors.
Brandon Gilmartin of Glenwood Park, Letterkenny, Co Donegal appeared at Sligo District Court charged with drug driving at Carrowkeel, Castlebaldwin, Co Sligo on May 22, 2022.
Garda Fiona Coleman took the witness stand and when questioned for Inspector Ray Tubman on behalf of the Prosecution, she told the
Court that on the day in question, she observed a Black Audi vehicle travelling on the N4 road at 126km per hour in a 100km zone.
Having signalled to the driver – Gilmartin – to pull over, Garda Coleman then informed him that she would be issuing him a fixed penalty notice for speeding.
She then asked him to provide a drug test and stated that the sample given into the machine turned from white to blue and that the analysis recorded was for cannabis.
Gilmartin was then arrested, cautioned and taken to Carrick-on-Shannon Garda Station.
A secondary drug test was taken with the sample was placed in a sealed blood kit and placed in a secured overnight locker. The following day, it was dispatched to the medical bureau who confirmed that the sample was over the limit for cannabis.
Defending solicitor, John Anderson, then asked Garda Coleman on what basis did she have to request a sample. Garda Coleman replied that it was on the basis of Gilmartin committing an offence under the Road
Traffic Act.
Mr Anderson responded by stating that this was not put to his client at the time of arrest. Garda Coleman insisted that she did and in “ordinary language” adding that Gilmartin “understood”.
Mr Anderson then raised a number of discrepancies surrounding the serial number on the drug test sample and the recorded registration number of the Black Audi vehicle.
Garda Coleman admitted an error had occurred with the incorrect drug sample number being written down and confirmed what the correct number was.
Mr Anderson also pointed out an error regarding the recording of the numberplate of the car stating that the recorded entry was not the correct registration.
Judge Deirdre Gearty threw the case out saying: “We do have a wrong registration and the wrong case number. In all circumstances, I am dismissing the prosecution.”
Trainers ‘taken’ before payment was complete
A 38-year-old man has pleaded guilty to theft from a Sligo town store.
Shane Feeney of Holborn Court, Holburn Street, Sligo was charged with stealing one pair of Nike Air Max runners from Sports Direct, Castle St, Sligo on January 17, 2023.
Sgt Kieran Naughton told the Court that the trainers taken had a value of €95.
Defending solicitor, John Anderson, told the Court that his client had purchased the exact same pair of training shoes but one of them later fell apart. His client then took it upon himself to walk into the store and take a new pair to replace it but without paying. Judge Deirdre Gearty wryly commented: “That was a departure of how to do it.”
Judge Gearty then told Feeney: “Go and get the €95 to replace those trainers and then we’ll take it from there.”
The case was adjourned to February 1.
Circuit Court date set for man’s assault case
A 27-year-old man will appear at the Circuit Court later this month.
Jonathon Kaniki of Catragh Crescent, Sligo was charged with assaulting a woman which causing her harm at Caltragh Crescent on October 2, 2022.
The Book of Evidence was served up Kaniki and Judge Deirdre Gearty gave an alibi warning to him.
The case was adjourned to the Circuit Court for January 23.
Retail park theft goes to Circuit Court
A 39-year-old man will appear at the Circuit Court later this month following a hearing at Sligo District Court.
Mikail Lomaia of Ardragh House, Riverstown, Co Sligo is charged with theft of two Gopix Projectors valued at €359 each and two Google nest cameras valued at €359 each – a total value €1,436 from Harvey Norman, Unit 1A, Sligo Retail Park, Sligo on March 25, 2023.
The defendant is also charged with theft of 28 sets of Jabra Elite Bluetooth earphones value €7,065 from Harvey Norman, Castlebar Retail Park, Castlebar, Co. Mayo on March 23, 2023.
Garda Daniel Gray told the court he met the accused and served him with the Book of Evidence.
Judge Deirdre Gearty handed down an alibi warning to the defendant.
The case was adjourned to the Circuit Court for January 23.
Probation order served for theft of Easter Egg
A 25-year-old woman who stole an Easter Egg has been served with a probation order.
Rebecca Leyden of Maryville Hostel, Finisklin, Sligo was charged with the theft of an Easter Egg valued at €25 from Tesco, O’Connell St, Sligo on March 2, 2023.
Defending solicitor Mark Mullaney told the Court that his client wish to pay Tesco the full amount for the Easter Egg that she had taken but had been unable to do so due to being barred from entering the store.
Judge Deirdre Gearty asked Mr Mullaney if there was any other way around this. She was told that Leyden’s mother would pay for the item.
Case adjourned for beauty products theft
A 27-year-old woman was told to pay for what she stole and bring a receipt back to court.
Rebecca Maughan of Ashbrook, Castlebaldwin, Co. Sligo, was charged with stealing one bottle of Lacoste perfume valued at €50 from Boots, Johnston Court Shopping Centre, on February 18, 2023.
She was also charged with stealing one bottle of b-bold tan valued at €38 from Boots, Johnston Court, on February 24, 2023.
Defending solicitor, Tom MacSharry, replied to Judge Deirdre Gearty’s recommendation for his client to pay back Boots by saying that while Maughan would wish to do that, there was a problem in that Boots had been barred from entering the shop.
The case was adjourned to February 25.
Disqualified motorist receives strong warning
A 32-year-old man was warned not to get behind the wheel of a car or his bail would be revoked.
Fellipe Reis Fernandes of Aisling Geal, Lios na Rí, Charleville, Co
Cork was charged with driving while disqualified at Summerhill, Sligo on December 29, 2023.
Sgt Kieran Naughton told the Court that a Gardaí checkpoint spotted a white Volkswagen being driven. A check revealed that the driver not only had four previous convictions and was currently disqualified from driving.
Judge Deirdre Gearty stated that Fernandes needed “to do a social driving course”.
The Judge adjourned the case until April 4 and told Fernandes: “You need to understand that disqualification means disqualification, means disqualification. Your bail will be revoked if you are caught driving while disqualified again.”