Retired couple on holidays were subjected to carjacking
A retired couple from Cork who were on a short break in Sligo had their car taken by a drug addict couple from Dublin who drove off at speed and were later pursued by Gardaí.
The car was eventually crashed into a wall after being driven the wrong way up a one way street in Carrick-on-Shannon and the couple were arrested after they took off running through fields.
The retired couple were not present at Sligo Circuit Court last where 31-year-old mother of three Gillian Byrne of Cloonmore Park, Jobstown, Tallaght, appeared for sentencing having previously pleaded guilty to unlawfully seizing a car by force belonging to a Mrs Rebecca Chambers at Dunnes Stores car park, Adelaide Street on Monday May 8th 2017.
Judge Keenan Johnson expressed the court’s sympathy to the victims and said he wished to advise them that “Sligo is not that type of town.”
At the same court, Derek Nolan also of Coolmore Park, who was described as Byrne’s former partner, pleaded guilty to seizing the car and dangerous driving at Townspark, Carrick-on-Shannon. A count of criminal damage was taken into consideration.
He was remanded on bail for sentencing on May 29 th next.
He spent nine months in custody following the offence on remand and when he was released he underwent a drug treatment programme his defending barrister, Mr Patrick Jackson told Judge Johnson.
Outlining the case, Ms Dara Foynes BL (prosecuting) with State Solicitor Ms Elisa McHugh, said the retired couple were not in court but had prepared victim impact statements.
They had driven up from Cork on May 6 th with the intention of staying three nights at the Radisson Blu hotel.
They spent time sightseeing and on the 8th they drove their 2012 VW Golf into Sligo and into the car park of Dunnes Stores at Adelaide Street around 6.15pm.
Rebecca Chambers was driving. She could not remember much of the incident other than her telling her husband to stand back and being afraid for him. She recalled the car being taken with the keys in it.
“The rest is a blank,” said Ms Foynes. Mrs Chambers remembered being at Sligo University Hospital and being told there what had happened.
Mrs Chamber’s husband recalled being at the back of the car and hearing his wife say “you are not getting in the car, I won’t allow you.” He then saw his wife struggling with a man. Mr Chambers got into the car and by that stage Nolan was in the driver’s seat and he was shouting at home to get out.
Nolan told him that if he didn’t get out he’d shoot him and then pushed him out of the car.
Byrne also ushered Mr Chambers from the car before jumping in herself.
The car then took off at high speed with no regard for the safety of pedestrians or other traffic, said Ms Foynes. The incident happened very quickly, she added.
The Chambers said it had been a terrifying experience and they spent a night in hospital. There was concern for Mr Chambers as he had a heart condition.
The stolen Golf was spotted in Ballinafad and was pursued by Gardaí but it failed to stop. It continued at high speed on to Carrick-on-Shannon and Gardaí took the decision to close the road because of the manner of driving.
The front tyre of the car was punctured by Gardaí in a bid to stop it but it continued on and drove the wrong way along a one way street before crashing into a wall outside the town.
The occupants then took off running through fields but were caught by Gardaí.
Byrne gave her correct name while Nolan gave a false one.
Garda Danny Grimes said the accused and Nolan were brought to Ballymote Garda Station for interview.
The Garda agreed that Byrne complained about the manner of her arrest, the Garda who arrested her and with being handcuffed.
She told Gardaí that she was detoxing off heroin and hadn’t been eating in a few days. She blamed her ex partner for her addiction to heroin.
The Garda agreed that at the original interview Byrne offered no assistance.
She had convictions under the Road Traffic Act including one for driving without insurance. The Chambers lost their car at a cost of €8,000.
In her victim impact statement, Mrs Chambers said she felt vulnerable at times. They had planned to stay in Sligo for a week but went home after two days as they didn’t feel strong enough to stay.
Mr Chambers said he got a fair fright and shock and took the threat made to him seriously.
Ms Helen Claire O’Hanlon BL (defending) said Byrne was anxious to apologise face to face but this wasn’t possible. Garda Grimes agreed that Byrne was not the driving force behind the incident.
Ms O’Hanlon said Byrne had been strugglingwith drug addiction problems. In the probation report she had asked that her regret be conveyed to the victims.
“She is aware of the seriousness of the offence. The root cause of her behaviour is inter twinned with heroin addiction,” she said.
Her own attempts at detox where she effectively went cold turkey did more harm than good, said Ms O’Hanlon who added that Byrne wasn’t 100% over her addiction difficulties and that there had been slips.
“Her former partner brought her into the realm of drug abuse,” said Ms O’Hanlon. Details of Byrne’s treatment courses were outlined to the court.
“She has also assigned the day to day care of her children to their father in the hope she can make meaningful steps into her addiction,” said Ms O’Hanlon. She asked the Judge not to finalise the matter but to afford her the opportunity of continuing to make progress.
“She is certainly on the right path,” said Ms O’Hanlon. Byrne, though on a social welfare scheme, was willing to offer the Chambers compensation for the loss of their car.
Judge Johnson said it was an extremely serious offence to which the defendant had pleaded guilty with a maximum sentence of 15 years. It was a terrifying incident for a retired couple.
“It was an appalling state of affairs at their stage in life which is often referred to as the golden years. They were subjected to a dastardly crime and it is shocking that it should have occurred in broad daylight,” said Judge Johnson.
He said it was clearly an opportunistic crime. The victims were particularly vulnerable and some planning had gone into it.
“It was clearly an horrific experience for both and it shattered their confidence and they are still troubled by it,” said the Judge.
He noted from a probation report that the defendant was classed as being of medium risk of committing further offences.
Judge Johnson said she would have to address her drug addiction if she was to avoid future offending. In mitigation there was an early guilty plea, an apology and remorse, a difficult family background, while there was also an offer of compensation.
He was also satisfied that the primary mover was her ex partner and co-accused but she nevertheless took an active part in the commission of the offence.
Judge Johnson said the court was concerned she was still struggling and has taken illicit substances.
“She will be back before the court again if she does not become drug free,” he said. He adjourned sentencing to May 29 th saying he wanted a positive probation report then along with urine analysis to show she was drug free.
Four years was the appropriate jail term but he was disposed to suspending this for five years with probation supervision of 18 months and an undertaking to remain drug and alcohol free for five years. He also wanted proposals for compensation.
It was a case which warranted a custodial sentence but he was accepting the offending was once-off and she didn’t have any previous convictions of substance.