A young farmer who reversed his car for more than one kilometre after seeing Gardai has appeared in court.

Craig Anderson, aged 26, was spotted by Gardai driving a VW Passat at Ballyboden, Lifford on October 25th, last year.

Anderson reversed the car back up a hill and failed to stop or pull in despite having a number of opportunities to do so.

He eventually got the car turned and failed to stop the car despite the fact that Gardai had activated their blue lights.

Gardai knew Anderson, of Hillcrest, Aughawee, Lifford, and he was later arrested.

Solicitor Ciaran McLaughlin said his client was helping his father on the farm after he suffered a back injury.

He said he was a hard-working young man but said he did have a number of issues.

Letterkenny District Court heard Anderson has previous convictions for drunk driving, driving while disqualified and driving without insurance.

He asked the court to consider compiling a probation and welfare report on Anderson which Judge Paul Kelly agreed to.

He adjourned the case until May 17th next.

A man who was aggressive towards Gardai after somebody lit a fire on a green area outside his home has appeared in court.

Danny Connors, of Canal Road, Letterkenny, appeared at Letterkenny District Court charged with public order offences.

The court heard that Connors had been drinking when somebody lit a fire on the green area.

He came out to remonstrate with them and had been aggressive to Gardai when they arrived telling them to “f*** off.”

He became aggressive and then attempted to flee back into his house but was arrested by Gardai.

Solicitor Michael Shiel said his client knows he should not have taken the law into his own hands but has put his hands up to the charges.

He added his client did not have a glowing record saying he did have a number of previous convictions and had spent time in prison.

Judge Paul Kelly adjourned the case until May 17th for a probation and welfare report.

A decision on a Garda file into the murder of former Sinn Féin member and British agent Denis Donaldson is expected to be taken by Director of Public Prosecutions (DPP) in the coming weeks.

Mr Donaldson, 55, was shot dead at a remote cottage on the outskirts of Glenties  in April 2006.

He had been living there since being exposed as an MI5 agent the previous year.

An inquest into Mr Donaldson’s death was adjourned for the 20th time today (Wed) at Letterkenny Coroner’s Court.

Garda Superintendent Michael Finan told the court that the file on the murder is both “substantial and complex” but said it is “nearing completion.”

“A decision will be made on it in the coming weeks,” he said.

The late Denis Donaldson

He applied to have a short adjournment in the case or up to six weeks.

The inquest had previously been adjourned on 31 August 2016 after a person was charged with the alleged withholding of information about the death.

On that occasion, Supt Michael Finan applied to have the inquest adjourned under Section 25.1 of the Coroner’s Act.

Coroner Dr Denis McCauley said that because criminal proceedings were due to take place, the inquest was put on hold to allow these proceedings to take place.

However, another judgment in the High Court on 23 November 2017 in favour of a Michael Sweeney, meant that gardaí could not take proceedings against the person involved in the Denis Donaldson case.

This case is being appealed to the Supreme Court and could take up to a year to be heard, the coroner’s court was told.

If the High Court decision is overturned then criminal proceedings can be re-entered in the case.

Supt Finan told the court that a “substantial file” on the Donaldson case was finally sent to the DPP on 31 July last for consideration but this is the file which is expected to be ready shortly.

The court was told that the Donaldson family have been kept informed of developments and are due to meet with gardaí next month to be briefed on the case.

A letter from Mr Donadlson’s family by the solicitor Madden and Finucane was referred to by the coroner.

The letter said that as another adjournment was expected in the case to allow for the decision of the DPP, they would not be attending but asked to be informed of the next date when the case is adjourned to.

Coroner Dr McCauley adjourned the inquest until May 8th for mention.

A child who tripped over a gully near his home and broke his arm in two places has been awarded €20,000 damages.

The boy, who was 5 at the time of the accident, fell near his home in Dungloe, Co Donegal on July 3rd, 2015.

The boy sued Donegal County Council through his parents for damages at Letterkenny Circuit Civil Court.

Judge James O’Donoghue asked, “I thought Irish water took over all that?”

Barrister Patricia McCallum, instructed by solicitor Cormac Hartnett, told the court that this area was still governed by Donegal County Council.

The boy’s parents, who were in court, told the Judge that their son is now aged 9 and had made a full recovery.

Judge O’Donoghue approved the offer as well as costs to the boy’s legal team.

Letterkenny University Hospital has apologised unreservedly to the family of a 26-year-old who it is claimed died because he did not get a timely operation on a bowel obstruction.

John Paul McCloskey died on November 22nd, 2016 due to a brain injury and multi-organ failure after his bowel was perforated, causing septic shock.

His family on Thursday settled a High Court action over the death of the Co Donegal man and the care he received at Letterkenny University Hospital. Liability was admitted in the case.

The Irish Times reports that in a letter read to the court, the hospital’s general manager Seán Murphy expressed sincere regret over “the devastating loss of John Paul”.

“I wish to apologise unreservedly that the standard of care delivered to John Paul during his admission at our hospital was not to the standard that we believe would be appropriate,” he said.

“I fully recognise that nothing that I nor the team here at Letterkenny University Hospital can say, can in any way make up for the tragic loss which you have experienced and there is a huge regret within the team here that John Paul did not receive better more organised care during his time with us.”

To see full story see https://www.irishtimes.com/news/crime-and-law/courts/high-court/hospital-apologises-over-death-of-man-26-after-bowel-obstruction-1.3825854

The number of arrests across Donegal has risen to 13 over the St Patrick’s Weekend period.

A total of 12 people were arrested for suspected drink-driving while another was arrested for driving while under the influence of cocaine.

All of those charged are expected to appear before the local courts shortly.

Garda Inspector Michael Harrison told Donegal Daily “We had a very busy weekend which also included a number of public order incidents.

“So far a total of 13 arrests have been made.”

The spate of arrests followed a disclosure by Inspector Harrison that the number of road offences across Donegal had risen sharply in the first two months of this year compared to the same period last year.

Drink-driving, the non-wearing of seatbelts and the use of mobile phones while driving are all significantly up.

A solicitor has said he found a court application by a Senator’s legal team to be “galling” after he again failed to provide the court with a detailed statement of his means.

Independent Senator Brian O Domhnaill was due to provide Falcarragh District Court with the statement on foot of an instalment order today.

The order arises out of a “six-figure” sum owed by the former Fianna Fail Senator following a High Court case taken by the Standards of Public Office.

A month ago Judge Paul Kelly ordered the statement of means from Senator O Domhnaill.

However, solicitor Rory O’Brien on behalf of Goodbody Solicitors said he had not heard from Senator O Domhnaill’s legal representatives Sheehan and Company.

He said “On March 5th we wrote to them and no response has been received and now we are in the courts’ hands. An officer from the Standards in Public Office has travelled to court for the second time.”

Solicitor Kieran O’Gorman, acting for Sheehan and Co, said they had not been in a position to get the relevant documentation on Senator O Domhnaill’s statements of means and was applying for a short adjournment.

However, Mr O’Brien replied “This application is quite galling. A very specific direction was given on a previous occasion. A significant six-figure sum is owed.”

The case arose after two separate applications by SIPO after High Court orders for costs were given in a previous case.

SIPO had found Senator O’Domhnaill had wrongly claimed expenses of around €2,000 when he was a Fianna Fáil Donegal County Councillor during 2006/7 on foot of an anonymous complaint to Donegal County Council.

The State ethics watchdog found Mr Ó Domhnaill intentionally broke ethics legislation after he claimed expenses from two separate bodies for the same trip.

The Senator was found to have breached ethics rules by the Standards in Public Office Commission after claiming expenses from both Donegal County Council and Údarás na Gaeltachta on three occasions in 2006.

He claimed hundreds of euro in travel and subsistence for attending the events which took place simultaneously but which were hundreds of kilometres apart.

It cost SIPO in excess of €360,000 to investigate the matter in which Senator O’Domhnaill denied any wrongdoing.

Most of the costs relate to High Court and Court of Appeal hearings connected to the case and for translation services. SIPO won its claim for costs.

Judge Paul Kelly said he was allowing for one further adjournment and adjourned the case until May 15th with peremptory against the debtor, Senator O Domhnaill.

A child who fell and banged her head off the edge of a table in a Co Donegal creche has been awarded €7,500.

The child, who was almost three years old at the time of the fall in 2013, sued the owners of the Letterkenny creche through her parents.

The case arose at Letterkenny Circuit Civil Court.

The girl, who was two years and nine months old at the time of the incident on April 19th, 2013, suffered a laceration above her left eye as a result of the incident.

Judge James O’Donoghue heard she was taken to the Emergency department at Letterkenny University Hospital where she had stitches inserted.

The court was told she was left with a scar over her eye.

Judge O’Donoghue approved the damages offer of €7,500 after hearing evidence from Gareth McRory, B.L., instructed by solicitor McGinley and Company Solicitors.

A 47-year-old West Donegal woman has appeared in court following a major drugs bust.

Maria Coyle, with an address at Magheraclogher, Bunbeg, Gaoth Dobhair, was taken before Carrickonshannon court this afternoon, where she was charged under the Misuse of Drugs Act.

She was charged with two counts, of possessing drugs and of sale and distribution of drugs.

Gardai arrested her at her home in Gweedore on Wednesday.

It followed the seizure of €76,000 of cannabis.

Ms Coyle was released on bail and will come before Dungloe District Court on April 9.

A groom and his best man have appeared in court after a bust-up with each-other on the night of the stag party.

Brothers Ruairi and Jonathon Mahon appeared before Letterkenny District Court in Co Donegal charged with public order offences.

The brothers were found by Gardai outside the Station House Hotel in Letterkenny at 9.18pm on March 1st last.

The pair were along with friends for Jonathan’s stag party.

When Gardai arrived the pair were shouting and fighting with each other and calling each other names.

Garda Sgt Jim Collins told the court “They were acting aggressively towards each other and calling each other names. F***ing wa*****r and ‘I’ll get you’.”

Both men were arrested and brought to Letterkenny Garda station.

The pair appeared in court today (Mon) along with their mother.

Solicitor for the pair, Mr Patsy Gallagher, said the men’s mother has taken a very dim view of her sons’ behaviour.

Mr Gallagher said “They have never come before the courts before and they are very embarrassed by this. They are very close brothers and have no recollection of this argument.”

The court was told that Jonathan Mahon, aged 25, is a mechanical engineer and his brother Ruairi, aged 21, is finishing his degree in college.

Mr Gallagher added that when both men were released from Garda custody they apologised to the hotel staff and then stayed at the hotel for the rest of the weekend.

“This is a solitary lesson for both of these young men,” added Mr Gallagher.

Judge Paul Kelly asked the pair is this the way that people carried on in Northern Ireland from where they had travelled for the stag party?

And he further asked “Has the intended bride found out about this and what does she think of it? Is he still going to be the best man?”

The men, from Manse Road, Ceaford, Co Down, replied that the bride had been made aware of the matter and that Ruairi was still going to be his brother’s best man.

Judge Kelly added “Stag parties are generally very welcome in this part of the country from other countries but not if they carry on like this.

“Hopefully this will be the last we will see of these gentlemen in this court.”

He ordered both men to pay €100 each to the Letterkenny Youth and Community Club and he will strike out the charges.

A Judge has issued a bench warrant for a man who went berserk when he was told his social welfare payment were being cut off.

Martin Nichols was due to appear at Letterkenny District Court in Co Donegal charge with threatening and abusive behaviour.

Garda Harvey Maughan told the court that Nicols, aged 38, from Meadowbank, Letterkenny, became irate when told his payments would have to be cut off in the short-term.

He picked up a chair at the Community Welfare Office at Oliver Plunkett Road on June 25th last and began waving it around in front of children and then began to abuse Garda Harvey.

Garda Harvey said “He shouted ‘You can’t f**ing do that” and “I’m not afraid of the f****ing guards” before he picked up a chair and began waving it.

“There were a number of families including children there as well as staff members. I decided to arrest him as the situation may have escalated.”

The court heard that Nichols has 47 previous convictions.

Judge Paul Kelly issued a bench warrant for the court to sentence the accused.

The decision from the President of the High Court to allow circuit court appeal hearings to be heard at Letterkenny courthouse in future has been welcomed. 

The decision comes following a request from the Donegal TD to the Courts Service in which he urged the organisation to do more to facilitate litigants resident in the county by having cases heard at local courts instead of the long-standing practice of hearings being held at courts in Sligo and Mayo.

Describing the decision as a ‘victory for common sense’, Pearse Doherty said: “At present, it’s my understanding that it’s been the long-standing practice of the Courts Service to have all civil appeal cases heard at courts in either Sligo or Castlebar.

“This has meant that, even in instances where a case has originated in Donegal, no subsequent appeal hearings were held locally.

“As a result, I have received correspondence from constituents expressing their frustration at the inconvenience, as well as the financial burden, which having to travel to attend these hearings is causing them.

“Many of those have spoken about not being able to see any justifiable reason for the practice, and have understandably pointed to the fact that the Courthouse in Letterkenny, which has just recently been opened after a major redeveloped, could play host to such cases.

“Having listened to their legitimate concerns, I wrote to the Courts Service to ascertain why all Circuit Court Appeal cases relating to litigants in Donegal were continuing to be transferred outside of the county.

“I am happy to now report that I have received a response from the organisation in which it’s been confirmed that, after some consultation between the Courts Service and the President of the High Court, it’s been agreed that they are in favour of having Circuit Court Appeals heard at Letterkenny.

“Furthermore, and following on from my request, the Principal Registrar in the High Court is currently making the relevant arrangements with Courts Service Regional authorities and local management in Letterkenny for a sitting of the High Court to be held in Letterkenny during this July.

“I’ve been advised that, once these arrangements are finalised, all courts staff will inform practitioners of the dates in question.

“I am happy that this decision has been reached, it is a victory for common sense, and I genuinely hope that this development will result in litigants and other relevant stakeholders being able to enjoy easier access when attending hearings.”

Two men who were caught supplying pupils with more than €4,000 of fireworks outside a school at Halloween have escaped going to jail.

The men appeared in court after a surveillance operation carried out by Gardai into the illegal sale of fireworks in Co Donegal last year.

Ciaran O’Neil and Paul McCaughey appeared at Letterkenny District Court where they pleaded guilty to the charges.

Sgt Jim Collins said that on November 27th last, Gardai came across a blue Audi car outside the gates of Deele College in Raphoe at 3.30pm.

It followed reports that fireworks were being sold illegally in a number of local towns including St Johnston and Raphoe in the run-up to Halloween.

Gardai activated their siren and blue light and the two men in the car fled but they were stopped quickly by officers after a short pursuit.

When Gardai searched the car they discovered €4,000 worth of fireworks in the boot of the car and the men were arrested.

Solicitor for the men, Mr Patsy Gallagher, said the men were very much at the bottom of the food chain when it came to the fireworks operation.

He pointed out that fireworks are legal in Northern Ireland from where they came but were illegal in the Republic.

He said both his clients had children and that their families knew about their arrests and that the families had assisted them in meeting their bail demands.

McCaughey, aged 40, had an address at Cabra, Dungannon, Co Tyrone, while O’Neil had an address at Aghnagar Road, Ballygawley, Co Tyrone.

Solicitor Gallagher said “I am asking the court that while this is serious given the nature of the items, they are very small players in this and they got the items on tick,” he said.

Judge Paul Kelly asked what was the current penalties for the sale of fireworks and specifically asked if there was a custodial sentence.

He was told that the penalty is a fine of up to €2,500 or six months in prison.

He added “They were taking advantage of young people, they were selling these items to school children. They are popular but they are still illegal.”

Neither men had any previous convictions for any offences.

The court was also told that cash of both fifty-five euro and sixty-five-pound sterling was found on the men which Gardai believed were from the proceeds of the illegal sale of fireworks.

Judge Kelly fined both men €500 from their bail money previously paid and also gave an order for the destruction of the €4,000 worth of fireworks.

The cash recovered was donated to a local charity in the Raphoe area.

The Donegal waste company operator behind the illegal dumping of thousands of tonnes of waste ran two cash accounts and had greater involvements in a pub and horses than he admitted to, the High Court has been told.

Jim Ferry, of Donegal firms Ferry’s Refuse Collection and Ferry’s Refuse Recycling, is facing possible jail for contempt of court over his alleged failure to co-operate with an investigation of his finances to establish where more than €3m he allegedly got from illegal disposing of waste went.

He claims he never made that kind of money and he undercharged customers to collect their waste.

The Irish Times reports that Mr Justice Max Barrett adjourned Donegal County Council’s application to jail him for breach of previous orders that he divulge all his finances.

The judge said he would give a forensic accountant employed by Mr Ferry an opportunity to examine the same documents examined by the county council’s expert who found he had not fully cooperated.

The case has been before the court on 14 occasions since Donegal County Council moved against him in 2017 over what was described as the “unmitigated environmental disaster” of waste dumped on 11 acres he owns at Rossbracken, Letterkenny, a Special Area of Conservation on the shore of Lough Swilly.

For full report see https://www.irishtimes.com/news/crime-and-law/donegal-dumper-jim-ferry-ran-two-cash-accounts-court-told-1.3839181

A lovestruck Christmas reveller threatened Gardai, spat in their faces and then set off a fire alarm after being rejected by his ex-girlfriend.

Gareth Bryson was arrested outside a nightclub after getting into a row while trying to speak with his ex-girlfriend on December 22nd last.

Bryson, aged 24, from Castlefin, in Co Donegal was attending a Christmas jumper party at Jackson’s Hotel in Ballybofey when he got into a row and received a bloody nose.

When Gardai arrived at the premises Bryson went berserk and began to abuse Gardai by calling them “useless pricks” and “dirty Fenian bastards”.

He was arrested but warned Gardai that he knew where they lived and that he would make their families pay.

When he finally arrived at Letterkenny Garda station he spat in the face of officers and tried to kick them.

The following morning at 7am he was released from custody but was still aggressive, tore a poster from the Garda station wall before setting off a fire alarm and being rearrested.

Solicitor Kieran Dillon told Letterkenny District Court that his client had a lot of alcohol taken and was ashamed of what had happened.

He said his client thought that he had lost money in the Garda station and the only way to recover it was to get himself rearrested.

“He was in a hole and couldn’t get himself out. He broke up with his girlfriend and took comfort in alcohol.

“He is deeply ashamed of what happened,” added Mr Dillon.

The court was told that Bryson had already paid €50 towards the €147 cost of setting off the fire alarm at Letterkenny Garda station.

Judge Paul Kelly adjourned the case until May 27th to allow Bryson to pay the balance of the compensation and ordered a probation report on the accused.

A wealthy Donegal businessman said he was left flabbergasted when a pony he bought in Co Sligo arrived at his home in Majorca.

Sean Ewing told Sligo Circuit Court that he had an agreement with Michael Kearins to buy two ponies – a grey and a skewbald – for his two daughters.

However, RTE reports that when the ponies arrived at the stables, the skewbald was a completely different animal to the one he and his family had viewed in Ireland.

The jury in the trial of Mr Kearins, who has pleaded not guilty to deception in relation to the sale of one of the ponies, was shown video footage recorded by the Ewings of Mrs Ewing and her daughters riding the pony known as Buddy at an arena in Claremorris, Co Mayo, prior to agreeing to buy both ponies.

Before the video was shown at Sligo Circuit Court, Mr Kearins’ barrister, Patrick O’Sullivan, told the jury that the defence completely accepted that the pony viewed by the Ewings in August 2012 was not the same pony sent out to Majorca; it was a different pony.

The pony viewed was a skewbald called Buddy, but the pony sent out was called Spot, he said.

Mr Ewing said that it was preposterous to suggest that they would have agreed to take a similar pony to Buddy.

They had gone to view him three times because safety was of the utmost importance to him and his wife in relation to their daughters, who aged were eight and ten at the time.

They wanted to ensure that the temperament of the pony was suitable for children and he said they had gone around Ireland looking at ponies because it was critical to them to get it right.

Mr Ewing detailed the physical differences between Buddy and Spot and said that while Buddy was muscular and athletic, the pony they got was frail, looked undernourished and was certainly not fit.

The trial at Slicontinuesit Court continues today.

For full report see https://www.rte.ie/news/2019/0327/1038959-sligo-pony-sale-trial/

The detective Garda who investigated a deception case involving the sale of a pony to a Donegal man in Majorca, said it took him four and a half years to make contact with the accused.

Michael Kearins, an international showjumper with an address at Knockbeg, Collooney, Co Sligo, who is currently living in the US, has pleaded not guilty to a charge of deception between 24 August 2012 and 19 October 2012.

Businessman Sean Ewing, who lived in Majorca in 2012, has told the court that he had an agreement with Michael Kearins to buy two ponies – a grey and a skewbald – for his two daughters.

But when the ponies arrived, the skewbald was a completely different animal to the one he and his family had viewed in Ireland. He had been expecting a pony known to him as Buddy, but he got one called Spot.

Det Garda Joseph Scanlon told Sligo Circuit Court that on 1 November 2012 he had received a complaint from Sean Ewing and his wife Terri who had purchased two ponies from Mr Kearins.

He said he had got a warrant to access the defendant’s bank account in June 2015 and saw that €10,000 had been received from Sean Ewing on 5 October 2012.

The detective told the jury that he had gone to the home of Mr Kearins’ parents after receiving the complaint and had got a foreign telephone number for the accused but could never get a reply.

Asked why it had taken him until 2 June, 2017 to arrest Mr Kearins under the Theft and Fraud Act, Det Scanlon said “It took me from that length to get him”.

For full story see https://www.rte.ie/news/2019/0328/1039187-pony-sale-sligo-trial/

A Carrigart drug-dealer who hid a stash of cocaine and cannabis in a vent in his kitchen has been jailed for nine months.

Robert Deehan appeared at Letterkenny District Court after Gardai raided his home at Church Road on November 2nd last.

After searching the house they found cocaine and cannabis worth €500 as well as €2,400 in cash in a vent.

Deehan’s solicitor. Mr Michael Shiel, said his client had a drugs problem but was not a big-time dealer.

He was trying to pay off a drug debt and was supplying drugs to some of his friends to come up with the cash.

Judge Paul Kelly noted that Deehan, a father-of-two, had undergone a previous Probation Report in September 2017 for drugs offences and he was said to be at moderate risk of reoffending.

He was also ordered to undergo counselling but this would not have appeared to have taken place.

Solicitor Shiel said his client had tried to get counselling but wasn’t called for it but would try again.

Judge Kelly said he would have some sympathy for Deehan but the discovery of such a large amount of cash suggested a larger scale operation than was being suggested.

He jailed Deehan for 12 months but reduced it to nine months because of the early plea in the case.

A Galway man who came to Letterkenny on a team-bonding exercise with his GAA team got very drunk and was arrested by Gardai.

Ryan Smith, aged 20, was arrested by Gardai after being a danger to the public and himself at Lower Main Street in Letterkenny on February 24th, 2018.

Smith, of Williamstown, Galway told Judge Paul Kelly at Letterkenny District Court that he did not normally drink but got very drunk during a team-bonding exercise.

Garda Sgt Jim Collins told the court that Smith was cooperative when arrested.

Judge Kelly asked the accused “Well, did the binding work. Is that the way you would behave in Galway?”

“I wouldn’t normally drink. I’m sorry,” said Smith.

Judge Kelly applied the Probation Act.

A man has appeared in court charged with breaking into a number of churches.

Nathan Coughlan, aged 21, appeared at Letterkenny District Court after he raided churches in both Counties Leitrim and Donegal.

The court heard that Coughlan, of Armada Cottages, Bundoran, broke into both St Osnat’s Church in Manorhamilton, Co Leitrim on February 26th last and stole €38 worth of property belonging to Fr Oliver Crilly.

He is also charged with breaking into St Eunan’s Cathedral in Raphoe in Co Donegal on March 31st last.

He is charged with stealing three padlocks and also a candle holder worth €16.

When charged Coughlan replied, “Sorry that it happened.”

He was also charged with breaking into Mac’s Amusement Arcade in Bundoran on March 11th as well as a number of motoring offences.

Garda Sgt Jim Collings said he was not objecting to bail but asked the accused to sign on three times each week at Bundoran Garda station and provide a mobile phone number.

Judge Paul Kelly adjourned the case until May 3rd in Ballyshannon.