Man is jailed for five months for breaking windows
JUDGE SAYS THE DEFENDANT HAD BEEN WARNED TO LEAVE FAMILY ALONE
A man has been jailed for five months for breaking the windows of a house in Tubbercurry.
Martin Ward of The Halting Site, Tubbercurry had denied the charge but the householder said he saw running away down the driveway after committing the damage.
Some ten months after the incident a juvenile came forward to Gardaí and told them he had broken the windows but Judge Kevin Kilrane said he was satisfied there had been collusion involving the defendant and the child’s mother in this.
The juvenile had claimed he had hitched a lift from Sligo to Tubbercurry whilst carrying a two foot wide wooden batton which he claimed he had used to break the windows.
The youth said he had gotten a lift back to Sligo from Tubbercurry via Frenchpark but Judge Kilrane said he believed this account to be unbelievable.
He had adjourned the case for a week to consider his decision and went on to convict and jail Ward last Thursday.
Recognisances were fixed in the event of an appeal but by the time the court had concluded no surety was approved and he was taken into custody.
Last week’s court heard Edward Keane had called after the man who did the damage and that he looked around and recognised him as Martin Ward.
Ward denied breaking windows at the house at Ballyara, Tubbercurry on April 14th last year. He was represented by Mr Gerard McGovern, solicitor.
Edward Keane said he heard a loud banging which put the children crying. He ran out the front door and he saw a man running away.
The defendant was wearing a maroon jumper/ hoodie. Witness said three panes had been broken and cost € 900 to repair.
Ward, in evidence, said he recalled getting a phonecall from Garda David Clarke that night and he told him he was in Roscommon, on his way back from Tullamore where his wife’s family was from.
The defendant said he did not speak to the juvenile who had come forward to say he had broken the windows.
The youth’s mother told the court her son got angry when the Keanes had put up on Facebook the fact that the boy’s grandmother had died.
Giving judgement last Thursday, Judge Kilrane said Mr Keane had been unshakable in his evidence. He knew Ward and gave a detailed description of him.
The Judge said he didn’t find the statement put forward by the juvenile as credible.
He had stated he had hitched a lift to Tubbercurry while carrying a two foot wooden batten and the Judge said he found this virtually impossible to believe.
It would be extremely unlikely any motorist would give a lift to someone carrying such a weapon.
The youth also said he got back to Sligo having got another lift to Frenchpark which was in the opposite direction of where he wanted to go.
He also stated that he got a further lift in Frenchpark to Collooney.
“This statement just doesn’t add up,” said the Judge.
He said he studied the map since the last court and by going to Frenchpark the juvenile was going in completely the wrong direction.
No one in their right mind would offer or accept a lift like this, he added.
“I’m satisfied there was collusion between the defendant, the juvenile and his mother in the making of this statement and I completely disbelieve it,” said the Judge, convicting the defendant.
Inspector Kilcoyne said the defendant had 17 previous convictions.
Mr McGovern pleaded that the defendant had never been involved with the Probation Services and suggested a report might be beneficial.
Judge Kilrane said he was familiar with the Keane family and the background and the way they had been harassed by the Ward family.
The latter had been warned not to as much as touch a hair on their head or damage their property and that they would be dealt with severely upon