DISTRICT COURT

ROUND- UP

Mum of two banned for five years after fourth conviction

A young mother who has three convictions for driving without insurance has been fined and banned for a further offence.

Hayley Carereas admitted driving without insurance at Ballast Quay on

Inspector Donal Sweeney outlined how the defendant was banned for three years in September 2016 and given a suspended three month jail term for not having insurance.

In July 2016 she was convicted twice for not having insurance being fined € 300 on each occasion and also being banned for one year.

Inspector Sweeney said these three convictions post dated the one before the court.

Mr Eddie Henry, solicitor ( defending) said the defendant no longer had a car. The offences had occurred within the same period of time when the defendant hadn’t the “means to pay for insurance or indeed anything else.”

He pleaded that the defendant’s circumstances weren’t good. She was the mother of two children, aged two and three months.

Judge Kevin Kilrane fined the defendant € 100 and banned her from driving for five years.

Gave false name to Garda

A driver gave a false name to Gardaí when they went to check out a report of a vehicle acting suspiciously.

As a result, John Ward ( 21) was charged with giving the false name on August 14th last at Dowra.

He was also summoned for driving without insurance on the occasion.

Ms Laura Spellman, solicitor ( defending) said the defendant was a named driver on a policy but it didn’t cover the vehicle in question.

With regard to givng the false name, Ms Spellman said the defendant stated that he wasn’t thinking right at the time.

Inspector Donal Sweeney said Gardaí had received a report of a vehicle being driven in a suspicious manner at Dowra and was stopped.

The defendant gave his name as Tom Ward.

The Inspector added that the defendant had a number of previous convictions including seven for burglary, 16 for theft and also for criminal damage and assault.

Ms Spellman said the defendant was married and there was one child on the way.

Judge Kilrane fined Ward € 250 for giving the false name and a further € 250 for not having insurance. He was also banned from driving for one year.

Grocery theft of€ 3.99

A woman who admitted stealing € 3.99 worth of groceries from Tesco on August 30th last was give the benefit of the Probation Act. Ashlee Conway, ( 21) of Racecourse View admitted the theft.

She had been given an adult caution in the past in respect of a similar offence, said Inspector Paul Kilcoyne.

The defendant was represented by Ms Laura Spellman, solicitor.

Sent for trial for assault

A 25 year old man has been sent forward for trial to the Circuit Court on a charge of assault causing harm.

Elliot McGarry of 58 Caltragh Heights is charged with assaulting Eoin McDonnell at the same address on January 30th 2016. The accused was represented by Mr Michael Mullaney, solicitor. State Solicitor Mr Hugh Sheridan said the book of evidence was served and the return for trial to the next sittings of the Circuit Court on March 28th was made by Judge KKevin Kilrane who remanded McGarry on his own bail with no conditions.

Pizza delivery man had no insurance

A Garda approached a pizza delivery man on Grattan Street and discovered he didn’t have any insurance.

Harish Kumar of Pearse Court, Chapel Hill admitted not having insurance on August 1th last.

Inspector Paul Kilcoyne said the defendant was delivering pizzas at the time and Garda Gerard Dillon noticed the car’s tax had expired. He had a UK provisional licence and failed to produce insurance.

The defendant, a native of India, who was living in Ireland for two years, said he was driving his friend’s car. He wasn’t driving now.

Judge Kilrane fined Kumar € 100 and banned him from driving for one year.

Car tax was out for several months

For not having a current tax disc displayed at Chapel Hill on May 5th last, Sandra Mulvaney of 3 Chapel Hill was fined € 100.

The court heard the previous tax had expired at the end of December 2015. A fixed penalty notice was issued but it wasn’t paid.

The defendant did not appear and was not represented.

Drove while banned

A driver who was was arrested for drunk driving was banned at the time.

Before the court was John Drury of Corhober, Ballymote who admitted drunk driving on August 30th at Stoneparks.

The case had been adjourned from a previous sitting and Mr Tom macSharry, solicitor ( defending) said a probation report which had been prepared as very positive and the defendant was willing to comply with the directions indicated in it.

The court was told a sample from the defendant showed a reading of 56mgs of alcohol per 100mls of breath. He had one previous conviction and and was banned at the time from March 1st 2016.

Mr MacSharry pleaded that the defendant had a severe bi- polar episode at the time and was off his medication. He was now back on it and he was most grateful for the way Gardaí had assisted him, bringing him to St Columba’s for treatment.

The defendant said he was in a good mental state now but had been extremely manic at the time.

He was very sorry for what happened.

Judge Kilrane placed the defendant on a two year probation supervision bond.

Angrily told Garda to move away

A man demanded a Garda who stopped to take a phonecall to drive off.

As a result of the incident at Elm Gardens, Ballytivnan on July 3rd last, Charlie Ward of Rathbraughan Park was summoned for engaging in threatening, abusive or insulting behaviour.

Inspector Paul Kilcoyne said Garda Enda Devenney had parked up in a patrol car to take a call when the defendant approached and banged on the window.

The Garda told Ward he would talk to him after he finsihed the call but the defendant put his hand in the window preventing it from going up.

Ward then opened the door of the patrol car and began to demand why the Garda was parked there and demanding that he move on.

Ms laura Spellman, solicitor ( defending) said the defendant was apologetic for his behaviour.

He didn’t have any previous public order convictions and this offence would apepar to be at the lower end. He was a married man with four children.

“The facts would suggest this was at the lower end and that in effect he was acting the eejit. Would you agree with that Inspector?” - Judge Kilrane.

“Yeah, I would tend to agree with that” - Inspector.

The case was struck out.

Drunkdriving case is struck out after High Court decision

A driver charged with drunk driving had the case struck out following a High Court decision on the role of Gardaí in such prosecutions.

Keith O’Grady BL, instructed by McGovern Walsh, solicitors argued that a Garda involved in the detection of an alleged case of drunk driving had later become the member in charge of the Garda Station where the driver was processed.

Mark Boyd ( 26) of Riverstown was charged with drunk driving at Cloonamahon on October 8th last.

Agreeing with the submission made by Mr O’Grady, Judge Kevin Kilrane said a recent High Court decision had stated that a Garda could no longer interchange their roles.

“The High Court judge said he hopes this doesn’t set a precedent and what are we to make of that?” asked the Judge.

At the same court, Patrick Murrin ( 26) of Glendallon was fined € 250 and banned from driving for four years for refusing to give a sample of breath following his arrest for drunk driving on April 25th last.

Mr O’Grady admitted there was an outright refusal in the case to give a sample but he had argued for a dismiss on the basis that the defendant hadn’t been given the option of whether he wished to have the receipt from the intoxiliser machine printed in English or Irish.

Garda Gerard Dillon, who had processed the defendant said he had selected English on the machine as he had formed the opinion English was the defendant’s first language having had a conversation with him.

Garda Dillon said the defendant refused to blow into the machine and had in fact refused to stand up when he came into the room where the machine was.

Since a recent High Court decision, Garda Dillon said he would now explain to an arrested driver that they were entitled to receive the print out from the intoxiliser in either English or Irish before proceeding.

Judge Kilrane refused the application for a dismiss saying the defendant was not entitled to refuse effectively for no good reason.

He acceded to a request from Mr O’Grady that the driving ban be postoned from coming into effect until September 1st next.

Man got stun gun after threat from drugs gang

A man said he acquired a stun gun after Gardaí came to him with information that his life may be in danger from a drugs gang.

Damhán McFadden of Crozon Park was before the court on two charges in respect of a search at the same address on December 23rd 2014.

He was charged with possessing a round of ammunition for a. 22 long rifle and with also having a firearm without the necessary certificate.

At the outset of the case the charge in respect of a ammunition was struck out.

McFadden ( 27) told Judge Kilrane that the threat to his life had come from those involved in drug related activities.

Inspector Paul Kilcoyne said the stun gun fired a charged and was not a taser which fired two points. The defedant’s stun gun was described as a contact type. The defendant said he had only ever taken the stun gun out once or twice from its box in order to charge it.

He agreed with the Judge that the ‘ baddies’ involved would have been local.

Asked how he came to be involved with them, the defendant replied: “There was a back story there.” Judge Kilrane said he would adjourn case to December 14th for monitoring and if there was nothing further the matter would again be adjourned for six months into mid 2018. At that stage he would probably strike the matter out. At the request of Inspector Kilcoyne, the Judge ordered the forfeiture of the stun gun and the destruction of the round of ammunition.