Monday 11 March 2013
Three in court over shooting of dissident
http://www.independent.ie/irish-news/courts/three-in-court-over-shooting-of-dissident-29121348.html
THREE men have appeared before the Special Criminal Court charged in connection with the fatal shooting of dissident republican Peter Butterly in Co Meath last Wednesday.
They are Edward McGrath (31), of Land Dale Lawns, Springfield, Tallaght, Dublin; Dean Evans (22), of Grange Park Rise, Raheny, Dublin; and David Cullen (28), of Brackenwood Ave, Balbriggan, Co Dublin.
All three were charged with the unlawful possession of a pistol and seven rounds of ammunition with intent to endanger life at the car park of The Huntsman Inn and restaurant, Gormanston, Co Meath, on March 6.
Mr Evans and Mr McGrath were also charged with membership of an illegal organisation.
All three were remanded in custody to appear in court again on March 14.
http://www.breakingnews.ie/ireland/three-men-charged-in-connection-with-butterly-murder-in-special-sitting-of-court-587460.html
Young boxer awarded less in court after rejecting Injuries Board assessment
http://www.independent.ie/irish-news/courts/young-boxer-awarded-less-in-court-after-rejecting-injuries-board-assessment-29122624.html
And when Judge Matthew Deery today awarded him €11,150 damages against the offending motorist’s insurance company, Martin Mongan took another body blow.
The court heard that Mongan, of Canal Drive, Ballinasloe, Co Galway, had already turned down an award of damages assessed by the Injuries Board at €13,445.
Failing to equal or beat the Injuries Board’s assessment in court carried with it a withering punch with regard to the payment of legal costs.
The €2,295 shortfall put Mongan on the ropes on the question of winning a legal costs order against the motorist who had driven into the back of him, Miroslaw Szulta, of Ridgeway Grove, Swords, Co Dublin, where the accident had taken place.Judge Deery said he would make no order for costs which ko’d any hope Mongan had of taking home any of the €11,150 damages awarded to him by the court.
He is now responsible for his own costs and the legal costs of the defendant which will wipe out all of Judge Deery’s award.
Mongan initially was on a winner against his opposition --- Miroslaw Szulta and his insurance company had conceded liability for the crash because the car in which Mr Mongan was a passenger had been rear ended.
Then Szulta’s insurance company agreed to accept an assessment by the Injuries Board. When Mr Mongan refused to accept that assessment the matter had to go before the court for final determination.
Mongan told the court that prior to the rear-ending on 15th December, 2010 he had been in the running to fight for Galway against Wales and later going on to win an Irish vest.
Instead he said he had to give up boxing because of neck and lower back injuries but continued some training as part of his recovery. He said he had taken up coaching for younger boxers at his Ballinasloe Boxing Club.
Judge Deery said Mr Mongan had to stop boxing at the time and had lost an opportunity to go on and fight for Ireland.
CAB gets €600k judgment against IRA man who hid cash in box of Daz
http://www.independent.ie/irish-news/courts/cab-gets-600k-judgment-against-ira-man-who-hid-cash-in-box-of-daz-29121349.html
THE Criminal Assets Bureau (CAB) has secured a judgment for more than €600,000 against a convicted IRA man who was suspected of money laundering after he was found with more than €94,000 in a Daz washing powder box.
Don Bullman, a chef, was found with the money when he was arrested by gardai outside Heuston Station in Dublin in February 2005, and he was subsequently jailed for IRA membership.
The Irish Independent has learned the High Court has now granted a judgment to CAB for in excess of €600,000 for what was described as Revenue debts following an investigation into his affairs.
The court heard that CAB officers carried out an examination of Bullman's tax assessments from 1999/2000 to the end of 2004 and secured a court order to obtain bank details and other financial records.
The bureau's assessment of Bullman's financial position was subsequently affirmed on appeal. The High Court was told CAB had collected some money but significant debts were still outstanding.
Bullman was arrested in 2005 by gardai acting on intelligence that members of the Provisional IRA from the Cork region were involved in the movement of money that was part of the proceeds from a robbery at the Northern Bank in Belfast in December 2004 when £26.5m (€39m) was stolen.
Bullman, of Fernwood Crescent, Leghanamore, Wilton, Cork, was convicted by the Special Criminal Court in February 2007 of membership of the IRA and sentenced to four years' imprisonment.
The court heard evidence from anti-terrorist officers that they had received information that Bullman would be meeting other personnel at Heuston that day with a view to transferring some of the finances, which were part of the robbery.
Bullman was arrested after he met two Derry men in a 4x4 at the station.
When they examined a rucksack found in the back of the jeep, officers found a Daz box containing €94,250 hidden in washing powder. The Daz box contained bundles of euro notes wrapped in clingfilm.
In interviews with gardai, Bullman denied all knowledge of the box and claimed not to have noticed it until gardai asked him to pick it up.
Buddy
Bullman
said he was meeting the two men to discuss travel arrangements to a
Celtic soccer match and referred to one of the men as his "best buddy".
Mr
Justice Paul Butler said the court was satisfied that the Daz box
containing the money was in Bullman's holdall and accepted the evidence
of an assistant commissioner that Bullman was a member of the IRA.
Bullman subsequently lost an appeal against his conviction for IRA membership.
See Also [2009] IECCA 84
http://www.courts.ie/__80256F2B00356A6B.nsf/0/2E8F4E99293A4A6B8025760200589201?Open&Highlight=0,bullman,~language_en~
Mum tried to fool chemists with fake note
http://www.herald.ie/news/courts/mum-tried-to-fool-chemists-with-fake-note-29119936.html
A MUM-of-three went to two pharmacies with forged prescriptions within half an hour in an "amateurish" attempt to get drugs, a court heard.
Rebecca McEnroe (32) tried to use the prescriptions "at the behest" of another person she owed money to.
She left empty handed on both occasions and was arrested for fraud offences.
A judge adjourned the case against her for the preparation of a probation report.
McEnroe, of Cathedral View Walk, Dublin 8, at pleaded guilty to two counts of possession of a forged prescription on September 27, 2012.
Garda Shane Behan told Dublin District Court the accused first went to Castle Pharmacy on Aungier Street and handed staff the forged prescription.
This purported to be from St James's Hospital and was for drugs including Diazepam and Zimovane.
She was not given the drugs and a half hour later she went to Castle Pharmacy in Rialto and handed over a prescription for the same amount of drugs.
"On both occasions, the pharmacist became aware of the forgery and she left empty handed," the garda said.
The pharmacists told gardai the prescriptions were "immediately obvious as being false" and "not sophisticated" forgeries, McEnroe's lawyer said.
The accused began smoking heroin at the age of 19 and most of her previous convictions were related to her drug difficulties, her lawyer said.
She had been doing "much better in recent times", and had been in treatment which ended a year ago. However, she relapsed and the offences were related to that.
"It was a very amateurish attempt to get drugs," McEnroe's lawyer said.
"It was done at the behest of an individual she owed money to and in her drug-dependant state, she went along with it."
Judge Michael Walsh adjourned the case to April 30 for a probation report.
Woman in court over €6k house damage
http://www.herald.ie/news/courts/woman-in-court-over-6k-house-damage-29122188.html
A DUBLIN woman has been charged with causing €6,000 worth of damage to a man's house in the west of the city.
Deirdre Harris (31) is alleged to have damaged rooms in the house while trespassing there.
The case against her has been adjourned, after a judge said he needed to hear more details of the allegations before deciding whether it can be heard at District Court level
Harris, of Melrose Grove, Clondalkin, is charged with causing criminal damage to interior rooms of a home at Lindisfarne Park, Bawnogue, also in Clondalkin.
She is also alleged to have entered the same house as a trespasser with intent to commit an offence, on August 1, 2012.
Sgt Mary Doherty told Blanchardstown District Court: "It is alleged that (the accused) entered the house without the consent of the owner and caused a considerable amount of damage."
Judge David McHugh said he needed to hear more evidence to decide whether to accept jurisdiction in the case, or to send it to Dublin Circuit Criminal Court.
He adjourned the case to March 24.
Thug who kicked pregnant garda avoids jail term
http://www.herald.ie/news/courts/thug-who-kicked-pregnant-garda-avoids-jail-term-29122190.html
A DUBLIN man who kicked a pregnant garda in the stomach while she was placing him in a patrol car has been ordered to complete community service to avoid a prison sentence.
Stephen White (31) had denied the assault, claiming the officer's male colleague had smashed his head off the door of the patrol car and "flung" him into the back seat.
However, a judge found him guilty after a two-day trial.
The matter was before Tallaght District Court for sentencing after a judge ordered a report to see if White was suitable for community service.
Judge John Coughlan ordered White to complete 220 hours' community service in lieu of three months in jail.
White, of Tymonville Road in Tallaght, was previously found guilty of threatening and abusive behaviour, obstructing Detective Garda Michael McGrath and assaulting Garda Jennifer Brogan.
Shouting
Garda McGrath said he stopped White crossing the Tallaght bypass around 8.20pm on September 10, 2012, for the purposes of a drugs search, as White had turned away when he saw gardai and appeared to be fidgeting in his pocket.
Garda McGrath claimed White was immediately aggressive, shouting "f*** off, my da's a garda, take me back to the station".
The court heard White further shouted: "f**k off, you'll f***ing regret this, and "you'll feel my wrath". Garda McGrath said White struggled with him and refused to allow him to put on the handcuffs, and a member of the public came over to help put them on.
Search
Garda Brogan said she was placing White in the back of the patrol car when he sat back and kicked out, hitting her in the stomach.
Garda Brogan said she was four months pregnant at the time and was worried about her unborn child.
In his evidence, White said he asked gardai to bring him to the station for a drugs search as it was embarrassing being searched at the side of the road.
He also claimed Garda McGrath "jumped on him" and smashed his head off the door of the patrol car.
When they arrived at the station, White claimed he was
grabbed by the legs, pulled out of the car and dropped on his back on
the ground.
White had also denied he kicked Garda Brogan, saying he would "never kick a girl".
Electrician caught in raid bagging cocaine
http://www.herald.ie/news/courts/electrician-caught-in-raid-bagging-cocaine-29122189.html
AN electrician who "fell on bad times" was caught in the act of bagging cocaine for sale in his bedroom when gardai raided his home.
Gerard Land (31) was jailed for six months after he admitted a drugs charge following the seizure of more than €2,000 worth of cocaine in the search.
Imposing the sentence, a judge remarked that Land had been "well into" dealing drugs when he was caught.
Land, of Earlsfort Road, Lucan, pleaded guilty to possession of cocaine with intent to sell or supply on March 7, 2012.
Sgt Mary Doherty told Blanchardstown District Court gardai searched the accused's address and found cocaine worth €2,019 in his bedroom.
They also found weighing scales, bagging equipment and bin liners.
"He was actually caught bagging it", Sgt Doherty said.
The court heard Land was now serving a sentence in the medical unit of Mountjoy Jail, with an earliest release date of January 2014.
He had worked as an electrician in the past, his solicitor Matthew Kenny said.
"He fell on bad times and fell into the company of the wrong sort of people and got involved in this type of criminality", Mr Kenny said.
Land had co-operated fully with the garda investigation, made admissions in relation to the offence and pleaded guilty at the first opportunity.
He hoped to go to a treatment centre after his release from jail.
"My observation of the case is that he was well into it", Judge David McHugh said. "The sale and supply of drugs".
He sentenced the defendant to six months imprisonment, concurrent to the sentence Land is already serving.
Mum smashed garda station door in car row
http://www.herald.ie/news/courts/mum-smashed-garda-station-door-in-car-row-29122187.html
A MUM-of-five who smashed a garda station door when she was told she would have to pay a fee for the release of her impounded car was in "dire" financial straits.
Lorraine Murray (27) broke glass in the station door when she slammed it after being told gardai could not help her with her complaint about the vehicle.
She was fined €300 after she admitted causing the damage.
Murray, of Sheephill Green, Blanchardstown, was charged with causing a breach of the peace and criminal damage at Blanchardstown Garda Station on October 25, 2012.
Garda Cleo Withero told Blanchardstown District Court she was working at the front counter when Murray arrived with a complaint.
Funeral
The garda could not help Murray, who slammed the door three times as she left, smashing the glass.
The accused's car had been seized and impounded and she had been told she would not be able to get it back until she paid a sum of money, her barrister Christina Daly said.
Murray's financial circumstances were "quite dire" and her outgoings included funeral expenses for her deceased mother which she was paying by direct debit.
Judge David McHugh said he was sure it had not been a pleasant experience for the garda on duty.
Fining her €300 and giving her an extended period of time to pay, he said: "I imagine it's the best deal in town."
A MUM-of-five who smashed a garda station door when she was told she would have to pay a fee for the release of her impounded car was in "dire" financial straits.
Lorraine Murray (27) broke glass in the station door when she slammed it after being told gardai could not help her with her complaint about the vehicle.
She was fined €300 after she admitted causing the damage.
Murray, of Sheephill Green, Blanchardstown, was charged with causing a breach of the peace and criminal damage at Blanchardstown Garda Station on October 25, 2012.
Garda Cleo Withero told Blanchardstown District Court she was working at the front counter when Murray arrived with a complaint.
Funeral
The garda could not help Murray, who slammed the door three times as she left, smashing the glass.
The accused's car had been seized and impounded and she had been told she would not be able to get it back until she paid a sum of money, her barrister Christina Daly said.
Murray's financial circumstances were "quite dire" and her outgoings included funeral expenses for her deceased mother which she was paying by direct debit.
Judge David McHugh said he was sure it had not been a pleasant experience for the garda on duty.
Fining her €300 and giving her an extended period of time to pay, he said: "I imagine it's the best deal in town."
Saturday 9 March 2013
Drinker who said Dublin pub owner insulted his clothes and got him in full nelson loses claim for €38k
http://www.independent.ie/irish-news/courts/drinker-who-said-dublin-pub-owner-insulted-his-clothes-and-got-him-in-full-nelson-loses-claim-for-38k-29111130.html
A man who claimed the owner of a Dublin pub told him to go home and change out of his pyjamas before locking him in a “full Nelson” in the men’s loo, has lost a €38,000 damages suit for assault.
Jason O’Neill, of Dunard Road, Blackhorse Avenue, Dublin, was also directed to pay the legal costs of Richmond Properties (Ireland) Limited, which trades as Nancy Hands pub in Parkgate Street.
O’Neill (41) told Judge Jacqueline Linnane in the Circuit Civil Court that on September 11, 2006, pub owner Fran O’Reilly slagged him off about his track suit bottoms and made an absolute show of him in front of his drinking buddies.
He said he had followed O’Reilly into the toilets to protest and was whisked around and locked in a full Nelson hold. He said he had turned red and blue and had been unable to breathe.
O’Neill told barrister Deirdre Byrne, counsel for the publican, that he knew O’Reilly had introduced a new dress code banning track suits.
He denied having taken a swing with his fist at O’Reilly who had earlier referred to his clothing as “pjs” and “jammers.”
O’Neill told Ms Byrne he had gone to the pub at 2 p.m. and had between five and seven large bottles of cider, “maybe more, maybe less.” He had gone to his solicitor within a fortnight but had not gone to see a doctor about a painful neck until 15 months after the incident.
Francis O’Reilly told the court he had spoken discreetly to Mr O’Neill about the new dress code rules. He had been followed into the toilet by O’Neill who grabbed him and swung his closed fist at him. He had put him in a lock to save himself from being head butted.
Judge Linnane said CCTV coverage of the incident was timed at between 1 a.m. and 2 a.m. the following morning. She was not satisfied Mr O’Neill had suffered any injuries as a result of what had taken place in the men’s lavatory. He had not gone to his doctor until more than a year later.
Former city councillor Gary O'Flynn charged with soliciting Garda murder
http://www.independent.ie/irish-news/courts/former-city-councillor-gary-oflynn-charged-with-soliciting-garda-murder-29107632.html
Gary O'Flynn, the son of former Cork TD Noel O'Flynn, pictured at Cork District Court
A FORMER city councillor was today charged with soliciting someone to murder a Garda, a Revenue Commissioners official and an accountant.
Gary O'Flynn (37), the son of former Cork Td Noel O'Flynn (FF), was charged with three counts of soliciting someone to commit murder.
The charges involve an address on the Mallow Road in Cork.
The three individuals named in the charges are Det Garda Mary Skehan, Revenue Commissioner official George Ross and accountant Patrick Sweeney.
Judge Leo Malone was told that the former Cork City Council member replied "not guilty' when each of the three charges were put to him at Gurranabraher Garda Station.
The State objected to bail and Judge Malone remanded Mr O'Flynn in custody to appear again before Cork District Court on Wednesday.
O’Flynn of Hayfield Drive, Castle Court, Whitechurch, Co Cork applied for free legal and told the court that he presently had no source of income.
Judge Malone said he wanted to see bank account details and reserved the question of legal aid until Wednesday.
Mr O'Flynn appeared in court wearing slacks, a grey jumper and a blue jacket.
He gave evidence both in support of his application for free legal aid and bail.
A qualified solicitor, Gary O'Flynn had taken his father’s old seat on Cork City Council in 2003 when the dual-mandate ban came into force.
He ended his political career five years later with the City Council seat going to his brother, Ken.
Mr O’Flynn’s father was first elected to the Dail in 1997 and served as a TD for 14 years.
He was famously outspoken as a backbench TD and criticised both Bertie Ahern and Brian Cowen for their leadership of the party and country.
The former TD also criticised current party leader Michael Martin for allegedly failing to support his son Ken’s Seanad bid.
Noel O’Flynn agreed not defend his seat at the 2011 General Election at Mr Martin’s specific request amid concerns that, if the party vote was split, they would fail to elect a TD in Jack Lynch’s old constituency for the first time in FF history.
The former TD was taken
to a Cork hospital last Friday as a precautionary measure after
complaining of dizziness and chest pains.
Mum-of-four is jailed for stealing crockery
http://www.independent.ie/irish-news/courts/mumoffour-is-jailed-for-stealing-crockery-29110805.html
A MOTHER-of-four who stole crockery from a Drogheda shop has been given a three month prison sentence.
Kathleen McDonagh with an address at Vincent Avenue in Dundalk pleaded guilty to the theft of €70 worth of crockery from Heaton's in Drogheda on October 5th, 2012.
A previous sitting of Drogheda District Court had heard that at 11am McDonagh entered the shop and left without paying for €70 worth of crockery. She left the car park in a Hiace van which was driven by another person. The manager of the shop followed the van along the M1 and alerted gardai to the incident.
McDonagh was arrested and made full admissions. The crockery was also recovered.
McDonagh, who has 53 previous convictions, is currently serving a nine month sentence for another offence.
Defence solicitor Mr Dermot Monahan said the 41-year-old is “finding incarceration a very sobering experience” and asked Judge William Hamill not to add to the sentence she is currently serving.
Judge Hamill was informed that McDonagh was not the driver of the vehicle.
He sentenced her to three months to run concurrent to the prison term she is already serving.
Kathleen McDonagh with an address at Vincent Avenue in Dundalk pleaded guilty to the theft of €70 worth of crockery from Heaton's in Drogheda on October 5th, 2012.
A previous sitting of Drogheda District Court had heard that at 11am McDonagh entered the shop and left without paying for €70 worth of crockery. She left the car park in a Hiace van which was driven by another person. The manager of the shop followed the van along the M1 and alerted gardai to the incident.
McDonagh was arrested and made full admissions. The crockery was also recovered.
McDonagh, who has 53 previous convictions, is currently serving a nine month sentence for another offence.
Defence solicitor Mr Dermot Monahan said the 41-year-old is “finding incarceration a very sobering experience” and asked Judge William Hamill not to add to the sentence she is currently serving.
Judge Hamill was informed that McDonagh was not the driver of the vehicle.
He sentenced her to three months to run concurrent to the prison term she is already serving.
“Neanderthal” saved from jail by wedding date
http://www.advertiser.ie/athlone/article/54950/neanderthal-saved-from-jail-by-wedding-date
By Finian Coghlan
A judge alluded to the Travelling community as “Neanderthal men” in a case of neighbour intimidation heard in the District Court this week (September 5).
“Threatening to burn someone out of their house when you live only four doors away, I suspect Mr Stokes comes from a certain ethnic background which would give him more form and add to the level of threat, given the type of behaviour that some of them engage in,” said Judge Seamus Hughes.
He was addressing Martin Stokes (21), formerly of Millbrook Drive, Old Tuam Road, Monksland, Athlone, but now with an address in Corkhill, Kinnegad, who was pleading guilty to threatening a neighbour.
“Neanderthal men lying in the long grass and living by the law of the jungle is how I’d describe them,” said the judge, before ordering Stokes pay €200 to his neighbour.
Earlier the judge heard how a neighbour had come home from work on May 25 to find Stokes pushing a child around Millbrook Drive in his child’s go-kart.
“He asked Stokes to stop as he felt he might be liable if there was an accident, but Stokes got very irrate, and called him useless and good for nothing,” said Inspector Nicholas Farrell.
“He put his face in [the victim’s] face, said he’d break his windows, and: ‘I’ll burn your house’,” continued the Inspector.
“I felt he was trying to intimidate me into a fight. He was very threatening. We know Mr Stokes and don’t have any respect for him,” said the neighbour in his evidence.
The court heard how Stokes had nine previous convictions for theft and trespass, and committed this offence whilst under the threat of his second suspended sentence.
“We’re not making any excuses. It shouldn’t have happened. This family could well have done without this,” said defending solicitor, Mr Michael McDarby.
“He got the leniency of the court twice, but the suspended sentences didn’t seem to work,” noted Judge Hughes.
Mr McDarby pleaded for an adjournment of sentence as his client was getting married in December.
“Leave it hanging over him, and maybe for once he may take responsibility for his behaviour,” said Mr McDarby.
“I will allow that event take place but I want €200 in compensation so the victim’s family can have a night out at your expense,” said the judge, before remanding Stokes on continuing bail until December 19 for a probation report.
“I’m warning you, Mr Stokes, don’t put a foot out of place between now and then, and make sure on the day of your wedding that none of your guests do either,” warned the judge.
See Also
http://www.westmeathindependent.ie/news/roundup/articles/2012/09/13/4012211-local-judge-rejects-resignation-calls/
http://www.westmeathexaminer.ie/news/roundup/articles/2012/09/12/4012192-traveller-group-calls-on-athlone-judge-to-resign/
http://www.advertiser.ie/mullingar/article/41193
http://www.advertiser.ie/athlone/article/42176/judge-hopes-to-finalise-turf-case-by-end-of-september
http://www.advertiser.ie/athlone/article/30601
By Finian Coghlan
A judge alluded to the Travelling community as “Neanderthal men” in a case of neighbour intimidation heard in the District Court this week (September 5).
“Threatening to burn someone out of their house when you live only four doors away, I suspect Mr Stokes comes from a certain ethnic background which would give him more form and add to the level of threat, given the type of behaviour that some of them engage in,” said Judge Seamus Hughes.
He was addressing Martin Stokes (21), formerly of Millbrook Drive, Old Tuam Road, Monksland, Athlone, but now with an address in Corkhill, Kinnegad, who was pleading guilty to threatening a neighbour.
“Neanderthal men lying in the long grass and living by the law of the jungle is how I’d describe them,” said the judge, before ordering Stokes pay €200 to his neighbour.
Earlier the judge heard how a neighbour had come home from work on May 25 to find Stokes pushing a child around Millbrook Drive in his child’s go-kart.
“He asked Stokes to stop as he felt he might be liable if there was an accident, but Stokes got very irrate, and called him useless and good for nothing,” said Inspector Nicholas Farrell.
“He put his face in [the victim’s] face, said he’d break his windows, and: ‘I’ll burn your house’,” continued the Inspector.
“I felt he was trying to intimidate me into a fight. He was very threatening. We know Mr Stokes and don’t have any respect for him,” said the neighbour in his evidence.
The court heard how Stokes had nine previous convictions for theft and trespass, and committed this offence whilst under the threat of his second suspended sentence.
“We’re not making any excuses. It shouldn’t have happened. This family could well have done without this,” said defending solicitor, Mr Michael McDarby.
“He got the leniency of the court twice, but the suspended sentences didn’t seem to work,” noted Judge Hughes.
Mr McDarby pleaded for an adjournment of sentence as his client was getting married in December.
“Leave it hanging over him, and maybe for once he may take responsibility for his behaviour,” said Mr McDarby.
“I will allow that event take place but I want €200 in compensation so the victim’s family can have a night out at your expense,” said the judge, before remanding Stokes on continuing bail until December 19 for a probation report.
“I’m warning you, Mr Stokes, don’t put a foot out of place between now and then, and make sure on the day of your wedding that none of your guests do either,” warned the judge.
See Also
http://www.westmeathindependent.ie/news/roundup/articles/2012/09/13/4012211-local-judge-rejects-resignation-calls/
http://www.westmeathexaminer.ie/news/roundup/articles/2012/09/12/4012192-traveller-group-calls-on-athlone-judge-to-resign/
http://www.advertiser.ie/mullingar/article/41193
http://www.advertiser.ie/athlone/article/42176/judge-hopes-to-finalise-turf-case-by-end-of-september
http://www.advertiser.ie/athlone/article/30601
prove you spent €26k payout, thief is told
http://www.herald.ie/news/courts/prove-you-spent-26k-payout-thief-is-told-29085975.html
A JUDGE has said she needs to see the "paper trail" behind the purchase of a pair of dogs before she grants legal aid to a young man who spent a €26,000 legal settlement in less than three months.
Judge Catherine Murphy said she would not agree to give free legal aid to William Croft unless he produces evidence of the €5,000 he maintains he spent on a failed attempt to buy two dogs over the internet.
He insists he now has nothing left from the €26,000 settlement and is seeking legal aid to cover the cost of his defence in a theft case.
The judge granted a final adjournment to give Croft time to find records of the transaction to buy the dogs.
Croft (21), of Woodlawn Green, Santry, was put on a one-year probation bond after he pleaded guilty to trespassing and stealing a Mercedes wheel and tyre at Coolock on October 1 last.
A JUDGE has said she needs to see the "paper trail" behind the purchase of a pair of dogs before she grants legal aid to a young man who spent a €26,000 legal settlement in less than three months.
Judge Catherine Murphy said she would not agree to give free legal aid to William Croft unless he produces evidence of the €5,000 he maintains he spent on a failed attempt to buy two dogs over the internet.
He insists he now has nothing left from the €26,000 settlement and is seeking legal aid to cover the cost of his defence in a theft case.
The judge granted a final adjournment to give Croft time to find records of the transaction to buy the dogs.
Croft (21), of Woodlawn Green, Santry, was put on a one-year probation bond after he pleaded guilty to trespassing and stealing a Mercedes wheel and tyre at Coolock on October 1 last.
One-legged man tried to force his way into house
http://www.herald.ie/news/courts/onelegged-man-tried-to-force-his-way-into-house-29088048.html
A DUBLIN man who caused over €3,500 worth of damage to a patio door when he tried to force it open was disturbed when an off-duty garda heard the house alarm and went to investigate.
Eddie Valentine (38) was spotted in the garden of the house in south Dublin by an off-duty garda who was visiting a friend in the area.
A court heard that Valentine caused over €3,500 worth of damage to the back patio door after he tried to force his way into the house.
Judge Bridget Reilly ordered a probation report and adjourned sentencing to March. Valentine, of Carrickmount Drive, in Rathfarnham, was found guilty before Dun Laoghaire District Court of charges of trespass and criminal damage.
The incident took place at Finsbury Park in Churchtown on June 26 last year.
Garda Gavin Ryan said he heard the house alarm going off shortly before lunch and when we went to check it, he saw Valentine leaving the front garden.
Garda Ryan said the man he saw, Valentine, was on crutches and only had one leg. In cross-examination, the garda said he was 100pc sure the man he saw leaving the property was Valentine.
The homeowner, Winnifred Jeffers, said when she left the house that morning she checked the windows and doors were all closed and the alarm was on.
Buckled
When she returned to the house, she said the patio door and frame were badly buckled, and it appeared that an implement had been used to try and force open the door. The cost of repairing the damage was €3,726.
Defence solicitor Ronnie Lynam said there was no evidence that Valentine caused the damage to the back patio door. However, Judge Reilly said she believed the State had made its case.
The court heard Valentine has 57 previous convictions, including previous for burglary and trespass.
The court previously heard Valentine has been getting in trouble over nearly 20 years. Valentine also lost his leg due to his drug use. Judge Reilly also ordered a probation report.
Thug hijacked jeep with child (9) in back
http://www.herald.ie/news/courts/thug-hijacked-jeep-with-child-9-in-back-29098571.html
A MAN who hijacked a woman's jeep as her nine-year-old child was in the back won't serve any extra jail time for the crime. (Pictured is the victim's husband, Dr Kevin Moran).
The victim, Bernadette Moran (37), is the wife of the Donegal football team doctor, Kevin Moran.
She was in Dublin with her three children for an All-Ireland quarter-final match in Croke Park when Christopher Coakley (21) pulled her out of her jeep and tried to drive away.
He ignored her pleas to let her get her child from the backseat but the woman managed to flee with the child as Coakley was distracted by trying to work the jeep's controls.
Judge Desmond Hogan sentenced him to three years which is to run alongside a three-year sentence he is serving for a firearms offence. This was backdated to December 5 last when he was taken into custody.
Coakley, of Belvedere Place, pleaded guilty at Dublin Circuit Criminal Court to hijacking the jeep at Mountjoy Square on August 5, 2012.
The court heard he has 92 previous convictions and during his teens he was up before the Children's Court "two or three times a week".
The judge said he was not going to impose a consecutive sentence as Coakley "is still a young man" but warned that this shouldn't be seen as a precedent. He imposed 12 months post-release supervision.
Garda Carl Byrne told prosecuting counsel Martina Baxter that Ms Moran had stopped the jeep and was waiting as two of her children played in the park.
She looked in the rear-view mirror and saw someone running towards her. Coakley then pulled open the door and told her to "get the f*** out".
Ms Moran was able to grab her phone before getting out of the jeep.
Coakley got in the driver's seat and was trying to operate the gears as Ms Moran pleaded with him to let her get the nine-year-old from the backseat.
Coakley was trying to accelerate with the handbrake on and there was black smoke coming from the exhaust. Ms Moran used the opportunity to get the child out, seconds before the jeep sped off.
The vehicle was found abandoned shortly afterwards and a fingerprint on the door led to Coakley's arrest the next month.
Coakley's mother, Paula Johnson, said she is "so ashamed and sorry for the woman and her children".
She tearfully told the court her son needs residential treatment for his drug abuse because "this is no life for anyone."
A MAN who hijacked a woman's jeep as her nine-year-old child was in the back won't serve any extra jail time for the crime. (Pictured is the victim's husband, Dr Kevin Moran).
The victim, Bernadette Moran (37), is the wife of the Donegal football team doctor, Kevin Moran.
She was in Dublin with her three children for an All-Ireland quarter-final match in Croke Park when Christopher Coakley (21) pulled her out of her jeep and tried to drive away.
He ignored her pleas to let her get her child from the backseat but the woman managed to flee with the child as Coakley was distracted by trying to work the jeep's controls.
Judge Desmond Hogan sentenced him to three years which is to run alongside a three-year sentence he is serving for a firearms offence. This was backdated to December 5 last when he was taken into custody.
Coakley, of Belvedere Place, pleaded guilty at Dublin Circuit Criminal Court to hijacking the jeep at Mountjoy Square on August 5, 2012.
The court heard he has 92 previous convictions and during his teens he was up before the Children's Court "two or three times a week".
The judge said he was not going to impose a consecutive sentence as Coakley "is still a young man" but warned that this shouldn't be seen as a precedent. He imposed 12 months post-release supervision.
Garda Carl Byrne told prosecuting counsel Martina Baxter that Ms Moran had stopped the jeep and was waiting as two of her children played in the park.
She looked in the rear-view mirror and saw someone running towards her. Coakley then pulled open the door and told her to "get the f*** out".
Ms Moran was able to grab her phone before getting out of the jeep.
Coakley got in the driver's seat and was trying to operate the gears as Ms Moran pleaded with him to let her get the nine-year-old from the backseat.
Coakley was trying to accelerate with the handbrake on and there was black smoke coming from the exhaust. Ms Moran used the opportunity to get the child out, seconds before the jeep sped off.
The vehicle was found abandoned shortly afterwards and a fingerprint on the door led to Coakley's arrest the next month.
Coakley's mother, Paula Johnson, said she is "so ashamed and sorry for the woman and her children".
She tearfully told the court her son needs residential treatment for his drug abuse because "this is no life for anyone."
Bank boss tells of her 'hell' as Tiger raider gets 9 years
http://www.herald.ie/news/courts/bank-boss-tells-of-her-hell-as-tiger-raider-gets-9-years-29105012.html
A father-of-five involved in a Tiger kidnap where a bank manager's husband and two small children were held captive has been jailed for nine years.
Michael McGuirk (45), of Captain's Road, Crumlin, was part of a
gang who netted nearly €250,000 in the robbery-kidnap in October 2009.
McGuirk is also the father of a youth jailed for life for the brutal murder with a screwdriver of two Polish immigrants.
The Crumlin man, who pleaded guilty to the robbery, is the father of David Curran (21) who is serving life in prison for the murder of Polish nationals Pawel Kalite and Marius Szwajkos who were both stabbed in the head with a screwdriver.
McGuirk's trial heard how the bank manager was threatened that her children would be mutilated and her husband shot. She told the court: "If there was any idea of hell, this would be it".
Horrific
Sentencing McGuirk, Judge Desmond Hogan said: "There's no doubt about it, this is a very, very nasty crime, bordering on the horrific."
The judge noted McGuirk's guilty plea and the minor nature of his previous convictions and sentenced him to 10 years, but suspended the final 12 months of the term for five years.
Dublin Circuit Criminal Court heard that on that night, the bank's branch officer, Nicola Hall, and two children, aged six and three, were asleep in bed and her husband John Jones was at work.
When he arrived home at 1am he was approached by three armed and masked men and was told to turn off the house alarm.
Ms Hall was woken up by a man leaning across the bed holding a hand over her mouth.
Cable ties were put on Mr Jones's arms and legs. His mouth was taped but he was later able to remove this.
Ms Hall went to the bank and tried to behave as normal until the bank vault's time lock came off at 11.30am and she put the money into a bag. The gang then phoned her with instructions.
Mr Jones and his children were held in the back of the van for five hours. As soon as the driver left, his son got through a small gap in the front of the van and alerted a passer-by.
A father-of-five involved in a Tiger kidnap where a bank manager's husband and two small children were held captive has been jailed for nine years.
McGuirk is also the father of a youth jailed for life for the brutal murder with a screwdriver of two Polish immigrants.
The Crumlin man, who pleaded guilty to the robbery, is the father of David Curran (21) who is serving life in prison for the murder of Polish nationals Pawel Kalite and Marius Szwajkos who were both stabbed in the head with a screwdriver.
McGuirk's trial heard how the bank manager was threatened that her children would be mutilated and her husband shot. She told the court: "If there was any idea of hell, this would be it".
Horrific
Sentencing McGuirk, Judge Desmond Hogan said: "There's no doubt about it, this is a very, very nasty crime, bordering on the horrific."
The judge noted McGuirk's guilty plea and the minor nature of his previous convictions and sentenced him to 10 years, but suspended the final 12 months of the term for five years.
Dublin Circuit Criminal Court heard that on that night, the bank's branch officer, Nicola Hall, and two children, aged six and three, were asleep in bed and her husband John Jones was at work.
When he arrived home at 1am he was approached by three armed and masked men and was told to turn off the house alarm.
Ms Hall was woken up by a man leaning across the bed holding a hand over her mouth.
Cable ties were put on Mr Jones's arms and legs. His mouth was taped but he was later able to remove this.
Ms Hall went to the bank and tried to behave as normal until the bank vault's time lock came off at 11.30am and she put the money into a bag. The gang then phoned her with instructions.
Mr Jones and his children were held in the back of the van for five hours. As soon as the driver left, his son got through a small gap in the front of the van and alerted a passer-by.
hnews@herald.ie
Attack on 'Fat' Freddie's brother linked to killing
IT was the vicious pub row that would have the
gravest of consequences 18 months after the brutal brawl broke out.
When gardai discovered that associates of two opposing feuding factions faced off in a Dublin city centre bar in March, 2011, they knew it would lead to serious developments.
Especially as Ritchie Thompson – the older brother of 'Fat' Freddie Thompson – received a broken leg and Ritchie's wife Catherine was stabbed.
Ultimately it would mean that Gerard Eglington, the gangster who started the fight in the Karma Stone pub that night, would be shot dead in Portarlington, Co Laois, in front of his children last September.
Sources say that gardai are in "no doubt" that Eglington, who was 27 when he was shot dead, was targeted by the 'Fat' Freddie gang because of his role in the events of March 13, 2011.
However, it has been established that Richie and Catherine had no involvement in the savage killing.
Yesterday at Dublin Circuit Court yesterday Eglington's best friend, his long-term partner and her sister were sentenced for their role in the melee.
His close pal Kenneth Roche – who lost his brothers John and Noel to the bitter Crumlin/Drimnagh feud – was jailed for nine months for his part in the street melee.
The two sisters were given suspended sentences when they also admitted charges arising from the clash between the two groups that was linked to the Crumlin Drimnagh feud.
Savage
Kenneth Roche (22) was sent to prison while Danielle Nolan (22) and murder victim Eglington's girlfriend Kristle Nolan (28) had nine-month jail terms suspended for three years.
The court heard the "savage attack" happened when two rival groups met each other by chance at a city pub and spilled out onto the street.
The three accused had "associated" with people involved in the feud but were not directly involved, the court was told.
When gardai discovered that associates of two opposing feuding factions faced off in a Dublin city centre bar in March, 2011, they knew it would lead to serious developments.
Especially as Ritchie Thompson – the older brother of 'Fat' Freddie Thompson – received a broken leg and Ritchie's wife Catherine was stabbed.
Ultimately it would mean that Gerard Eglington, the gangster who started the fight in the Karma Stone pub that night, would be shot dead in Portarlington, Co Laois, in front of his children last September.
Sources say that gardai are in "no doubt" that Eglington, who was 27 when he was shot dead, was targeted by the 'Fat' Freddie gang because of his role in the events of March 13, 2011.
However, it has been established that Richie and Catherine had no involvement in the savage killing.
Yesterday at Dublin Circuit Court yesterday Eglington's best friend, his long-term partner and her sister were sentenced for their role in the melee.
His close pal Kenneth Roche – who lost his brothers John and Noel to the bitter Crumlin/Drimnagh feud – was jailed for nine months for his part in the street melee.
The two sisters were given suspended sentences when they also admitted charges arising from the clash between the two groups that was linked to the Crumlin Drimnagh feud.
Savage
Kenneth Roche (22) was sent to prison while Danielle Nolan (22) and murder victim Eglington's girlfriend Kristle Nolan (28) had nine-month jail terms suspended for three years.
The court heard the "savage attack" happened when two rival groups met each other by chance at a city pub and spilled out onto the street.
The three accused had "associated" with people involved in the feud but were not directly involved, the court was told.
Roche,
formerly of Abbotstown Avenue, Finglas, pleaded guilty to violent
disorder at the Karma Stone pub, Wexford Street, on March 13, 2011.
His
co-accused Kristle Nolan (28) of Lorcan O'Toole Park, Kimmage, Dublin,
pleaded guilty to the same offence, while Danielle Nolan (22), of The
Oaks, Kilnacourt, Portarlington, pleaded guilty to the less serious
charge of affray.
Gerard Eglington, formerly of Kilnacourt Woods, Portarlington, had died in tragic circumstances, the court heard.
Defence
counsel said Danielle Nolan only became involved because she knew
Gerard Eglington. Her sister Kristle was his partner at the time.
Imposing
the sentence on Roche, Judge Patrick McCartan said he needed to send
out a message to anyone else who might be inclined to get involved in
similar activity.
kfoy@herald.ie
Irish Olympic boxing hopeful admits assault causing harm
http://www.breakingnews.ie/ireland/irish-olympic-boxing-hopeful-admits-assault-causing-harm-477543.html
13/10/2010 - 16:13:18
A “championship” boxer who knocked a man to the ground in a one-punch assault may be ordered to perform community service in lieu of a two-year sentence.
Olympic 2012 hopeful Martin Stokes (aged 23) lashed out when he mistakenly believed he was about to be set upon by people who had earlier attacked his friend.
Stokes then pulled away a co-accused who kicked and punched the victim while he lay on the ground.
Stokes, of Old Castle Park Green, Clondalkin, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm at Westmoreland Street on November 28, 2008. He has no previous convictions and had never come to garda attention.
Defence counsel, Mr Shane Costelloe BL, said Stokes, who will fight a bout in January for a place on the Irish National Team for the Olympics in London, was “very embarrassed and remorseful”.
Judge Katherine Delahunt noted that Stokes was “not the major aggressor” in the assault and that he was actively volunteering in his community. She said he was “a positive role model but now unfortunately has a significant stain”.
She said she did not see any benefit in him serving a custodial sentence and adjourned the case until January 19 next to assess his suitability for community service.
Garda Philip Byrne told Mr Paul Carroll BL, prosecuting, that there had been a number of incidents in the area that night and prior to this assault there was an altercation involving a friend of Stokes. Neither Stokes nor his victim were involved in these incidents.
Gda Byrne said Stokes and his co-accused were approached by the victim and his friend.
Stokes mistakenly got the impression that the man had been involved in the earlier incident and delivered one punch knocking the man to the ground. His co-accused then punched and kicked the man on the ground before Stokes pulled him away.
The injured party had two front teeth knocked out, other teeth loosened and also suffered lacerations.
Gda Byrne agreed with Mr Costelloe that after delivering the punch Stokes turned around if there were any more people coming and when he turned back around he saw his co-accused kicking the victim and pulled him away.
Mr Costelloe said Stokes was a championship boxer and had represented various clubs in the heavyweight and super-heavy weight divisions.
Stokes is currently training for a bout in January which his coaches are hopeful will see him get a place on the Irish National Team for the 2012 Olympics in London.
He said Stokes did not go out looking for a fight and it was only when he thought he was going to be set upon that he reacted. He said Stokes was “deeply ashamed because he holds up himself as a role model to others in the travelling community”.
Mr Costelloe said Stokes was actively involved in coaching young boys in boxing and helping others in his community remain law abiding. Character references described him as a “genuine lad” who helped out within his family and community.
He said Stokes was engaged to be married and his partner was expecting their first child. He has not come to any further garda attention and has “begged and borrowed” €5,000 to offer as compensation.
He submitted this was a “once-off aberration” due to mistaken circumstance rather out of a desire to do harm.
13/10/2010 - 16:13:18
A “championship” boxer who knocked a man to the ground in a one-punch assault may be ordered to perform community service in lieu of a two-year sentence.
Olympic 2012 hopeful Martin Stokes (aged 23) lashed out when he mistakenly believed he was about to be set upon by people who had earlier attacked his friend.
Stokes then pulled away a co-accused who kicked and punched the victim while he lay on the ground.
Stokes, of Old Castle Park Green, Clondalkin, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm at Westmoreland Street on November 28, 2008. He has no previous convictions and had never come to garda attention.
Defence counsel, Mr Shane Costelloe BL, said Stokes, who will fight a bout in January for a place on the Irish National Team for the Olympics in London, was “very embarrassed and remorseful”.
Judge Katherine Delahunt noted that Stokes was “not the major aggressor” in the assault and that he was actively volunteering in his community. She said he was “a positive role model but now unfortunately has a significant stain”.
She said she did not see any benefit in him serving a custodial sentence and adjourned the case until January 19 next to assess his suitability for community service.
Garda Philip Byrne told Mr Paul Carroll BL, prosecuting, that there had been a number of incidents in the area that night and prior to this assault there was an altercation involving a friend of Stokes. Neither Stokes nor his victim were involved in these incidents.
Gda Byrne said Stokes and his co-accused were approached by the victim and his friend.
Stokes mistakenly got the impression that the man had been involved in the earlier incident and delivered one punch knocking the man to the ground. His co-accused then punched and kicked the man on the ground before Stokes pulled him away.
The injured party had two front teeth knocked out, other teeth loosened and also suffered lacerations.
Gda Byrne agreed with Mr Costelloe that after delivering the punch Stokes turned around if there were any more people coming and when he turned back around he saw his co-accused kicking the victim and pulled him away.
Mr Costelloe said Stokes was a championship boxer and had represented various clubs in the heavyweight and super-heavy weight divisions.
Stokes is currently training for a bout in January which his coaches are hopeful will see him get a place on the Irish National Team for the 2012 Olympics in London.
He said Stokes did not go out looking for a fight and it was only when he thought he was going to be set upon that he reacted. He said Stokes was “deeply ashamed because he holds up himself as a role model to others in the travelling community”.
Mr Costelloe said Stokes was actively involved in coaching young boys in boxing and helping others in his community remain law abiding. Character references described him as a “genuine lad” who helped out within his family and community.
He said Stokes was engaged to be married and his partner was expecting their first child. He has not come to any further garda attention and has “begged and borrowed” €5,000 to offer as compensation.
He submitted this was a “once-off aberration” due to mistaken circumstance rather out of a desire to do harm.
Man (24) faces weapon trial
A MAN is facing trial on a weapons charge over an allegation that he threatened another man with a slash hook in a confrontation at a halting site.
Martin Stokes (24) had the case against him adjourned for the preparation of a book of evidence after a judge decided that the case was too serious to be dealt with at District Court level.
Stokes, of Old Castle Park Green, Bawnogue, Clondalkin, is charged with producing a weapon in the course of a dispute last December 19, Blanchardstown District Court heard.
The judge refused jurisdiction to deal with the case and adjourned it for six weeks.
Fleeing dad fell through shed roof
Martin Stokes (27) crashed through the Perspex roof of the shed, which was in the back garden of a west Dublin house, landing on top of a shoe rack and breaking it.
Judge Hugh O'Donnell fined Stokes, of Woodford Heights in Clondalkin, €250 at Blanchardstown District Court after he admitted trespass and criminal damage.
The incident took place at Cedarwood Road in Finglas on August 20 last.
Garda Sergeant Mary Doherty said that when Stokes saw gardai he ran back into a house. Gardai followed him and he went through the house and into the garden.
The sergeant said Stokes went through a few gardens in his efforts to evade gardai. He went up onto a shed roof but crashed through the Perspex roof.
Jennifer Jackson, defending, said dad-of-two Stokes thought he had a bench warrant and panicked when he saw gardai.
hnews@herald.ie
A WEST Dublin man is facing trial by judge and jury on a charge of assault.
Martin Stokes (27) had the case against him adjourned for the preparation of a book of evidence when he appeared in Blanchardstown District Court.
Stokes, with an address at Woodford Heights, Clondalkin, is charged with assault causing harm to a man, also called Martin Stokes, at Dunawley Grove, Clondalkin on May 31.
The court heard the DPP was directing trial on indictment, which means it will be sent for trial to Dublin Circuit Criminal Court.
Martin Stokes (27) had the case against him adjourned for the preparation of a book of evidence when he appeared in Blanchardstown District Court.
Stokes, with an address at Woodford Heights, Clondalkin, is charged with assault causing harm to a man, also called Martin Stokes, at Dunawley Grove, Clondalkin on May 31.
The court heard the DPP was directing trial on indictment, which means it will be sent for trial to Dublin Circuit Criminal Court.
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