DISTRICT COURT ROUND-UP
From our reporter at Sligo Courthouse
New Year’s Day criminal damage case is thrown out
A 42-year-old man accused of damaging his ex-wife's car has had his case dismissed.
Judge Brendan O'Reilly said that he “was satisfied that the State has failed to provide the burden of proof ”.
Aaron Cawley of Rathbraughan Park, Ballytivnan, appeared at Sligo District Court to contest a charge of criminal damage in relation to an incident in the early hours of January 1, 2022.
Giving evidence, Cawley's ex-wife, Ciara Cawley, told the Court: “I was at home in bed and around 2am the doorbell went.
“As I went downstairs to answer, I heard banging at the door and window and I went back upstairs to phone the Guards.
“There was then more ringing of the doorbell which was followed by a loud bang. The Guards arrived five to 10 minutes later.
When asked by Prosecutor, Leo Mulrooney, what she had seen outside her home, Ciara Cawley added: “I looked out the window and saw a large terracotta pot had been thrown outside the front door where my car was parked, with the clay from the pot around the car wing mirror.
“I also noticed that the wing mirror had been forced back – it had been in an inwards position when I had locked it. I had last used the car at 8pm on December 31, 2021.
“When I pressed the button inside the car to move the wing mirror back, I kept hearing a clicking sound.”
Ciara Cawley then disclosed to the Court that she had received an email from her ex-husband later on that day, apologising for what had happened.
She said: “I received an email at 12.41pm from Aaron apologising. It read, ‘Hi Ciara – can I beg you to forget? I miss the boys (their children) and it got to me. I apologise and it won't happen again'.”
When asked if she had enquired into getting the car's wing mirror repaired, Ciara said: “I got a quote of €375 to have it repaired.”
The Defence barrister then asked Mrs Cawley if the garage who quoted her the estimate had physically seen the car itself ?
She replied: “No – I described the damage over the phone and they quoted me on that basis. I've since traded in the vehicle.”
Next in the witness box was Garda Ken Gallagher who told the Court: “I was on duty on mobile patrol when we got a call to an address on Old Bundoran Road, Sligo.
“I knocked on the front door and observed a large blue flowerpot had been knocked over.
“Mrs Cawley let me in and told me that somebody had rung the doorbell six times. She told me she was afraid to look out the window.
“I observed that the passenger side wing mirror of her car had been damaged. There was a fingerprint on the mirror glass and I put a plastic bag over the wing mirror to preserve the scene.
“At 4am when back at Sligo Garda Station, the public officer told me that the defendant had presented himself at the desk. I had served alongside Aaron when he was in the Garda.
“He was not wearing his glasses, was wearing only a black T-shirt – it was a freezing cold night – and while he clearly had had a drink on board, he was sobering up.
“He also had a cut on his arm with blood on both his arm and hands. He said that he'd been in a row with his ‘girlfriend'. I then asked him about the incident at his ex-wife's house.
“Aaron replied, ‘it must have been me' and added that he didn't even know how he cut his arm.”
The Defence barrister then put it to Garda Gallagher that “in Court, she (Mrs Cawley) had said she had looked out of the window yet she told you she was ‘too afraid to look out'.
Garda Gallagher replied that was correct.
The Defence barrister then asked Garda Gallagher if there was a garage expert who could say what the damage (to the car) was. He replied: “I can't say.”
The Defence barrister asked if the fingerprint that was preserved by Garda Gallagher for forensics had been examined. He replied: “I don't know – I was not the lead investigating officer.”
Garda Gallagher was then asked if he saw the defendant at the scene. He replied: “No.”
The next witness was Garda Zela O'Connor who was asked by the Defence barrister if she was of the view that Mrs Cawley was too afraid to look out of the window? Garda O'Connor replied: “That's what she told me.”
When asked if forensics had taken the fingerprint from the car's wing mirror, Garda O'Connor said: “Yes but Sgt (Fergal) Flynn had taken over proceedings by then. I don't know the result of the examination.
“Sgt Flynn had made me aware that an examination had been carried out.”
Garda O'Connor was then asked if a PSV inspector had been on duty in this case to inspect the car. She replied: “No.”
Forensics expert, Garda Derek Healy, took to the witness box and confirmed he was the scene of the crime officer of this case. He also confirmed that he had photographed the broken plant pot and the fingerprint on the car wing mirror.
The Defence barrister listed Garda Healy's expertise in high profile cases and asked him if he was “surprised to get a call for something so minor?” Garda Healy replied: “No.”
Garda Healy then continued by saying that he had sent the fingerprint sample to Forensics Ireland adding that he himself drove to Dublin to deliver it.
When asked what the result of that test was, Garda Healy replied: “The result was a negative. There was no fingerprint identity to it.”
The Defence barrister then asked
Garda Healy, “is it possible that a man is on trial without the fingerprint being fully examined?”
Garda Healy replied: “It's possible but I don't know.”
Sgt Fergal Flynn then appeared in the witness box and described what happened when the defendant was arrested.
He told the Court: “On February 7, 2022, I called at the defendant's home. He let us in and was very co-operative. He was then cautioned and arrested for criminal damage at 7.32pm and taken to Ballyshannon Garda Station.
“I interviewed him and he said he wasn't responsible for the damage. I showed him the photographs of the scene and he said ‘nice photographs'.
“The defendant then added that he ‘did not go to my ex-wife's house as it would upset my sons'.”
When asked about the forensics report, Sgt Flynn told the Court: “I have the fingerprint analysis report which stated there was insufficient detail form the mark lifted from the scene.”
In their closing arguments, Prosecuting barrister Mulrooney told the Court that the damage was not “unexplained”. He added that “damage had been observed and oral evidence has been given. The owner of the vehicle said the wing mirror had been working before the incident.”
The Defending barrister in his summary said: “This case hasn't been proven. The lack of forensics and no identification means the case fails as there is no evidence to prove that the defendant was responsible.”
In giving his verdict, Judge O'Reilly said: “After hearing the evidence, I find that there was no proof of how the damage was done. The car wasn't actually examined and there is no evidence that it was damaged.
“If there was evidence of that, then there is no evidence that the accused did the damage. It is unsafe to rely on what the defendant said at the Garda station as he was observed to be intoxicated.
“The fingerprint report is inconclusive and doesn't add anything to the case.
“In the circumstances, I'm satisfied the State has failed to provide the burden of proof.
“I am dismissing the charge.”
Turkey theft proves to be costly for defendant
A 54-year-old woman who plucked from a turkey from the shelves of Aldi has been told to make a donation to charity.
Denise Feehily of Benbo, Drumiskabole, Ballisodare, pleaded guilty