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Computer expert spied on children in shopping centre toilets

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A man who used a hidden camera wrapped in a newspaper to spy on children in toilets at a busy shopping centre has appeared in court.

Gardai caught Kieran Griffin carrying out the lewd behaviour in the toilets of Letterkenny Shopping Centre in Co Donegal on July 8th, 2016.

The computer graduate was well-known in the area as he normally wore a kilt due to his Scottish heritage.

Griffin, who was studying computer technology at Letterkenny Institute of Technology at the time, was found in possession of two phones, a memory card and a covert pen camera.

After Gardaí caught him at the shopping centre, a search warrant was secured and officers raided his home at Cashel, Fanad as they continued their investigation.

They seized a number of items including a Sony laptop and other hard-drives as well as a five-page child pornographic story entitled ‘Swimland Beaver Patrol.’

All the items were sent for analysis to the Garda National Cyber Crime Bureau in Dublin.

Garda Detective Stephen McGonagle outlined to the court the contents of the material found on Griffin’s computer.

He revealed how the covert camera pen had been placed in Griffin’s bathroom at the home he shared with his elderly mother.

The video recordings showed Griffin, who is in his 50s, setting up the camera and then it showed the a young woman using the bathroom, including scenes of her naked while showering.

Other material found on hard-drives on the laptop seized showed Griffin engaging semi-naked chatting in a sexually explicit manner to boys as young as 14 years old.

Garda Detective McGonagle was asked by Judge John Aylmer if he knew where these victims lived or what country they were from.

Detective McGonagle said the young boys spoke broken English and he thought they were foreign nationals but that Interpol had not yet traced the victims.

He added that he had been told by fellow detectives who specialised in such investigations that it would be “next to impossible” to identify the boys involved.

Detectives interviewed Griffin on a number of occasions and he later pleaded guilty of a range of charges including possession of child pornography and engaging in threatening and abusive behaviour on dates between 2011 and 2017.

The accused man’s brother John took to the witness stand and said the investigation had ripped his family apart but that Griffin was still his brother.

“None of us would attempt to condone this in any way,” he said, adding that he had broken the family trust.

He added that if his brother went to prison his elderly mother, whom Griffin was now a carer for, would have to go into a care home.

“If she has to go into a home I don’t think she’ll survive very long,” he added.

The accused man was asked to take the stand and he apologised to his victims and to his family for all he had put them through.

He said he could have easily clicked past to the next screen when young boys appeared on the chat room but he chose not to.

The court was told that Griffin was a daily church-goer but that he had been fired from his previous job following publicity about his pending court case.

A number of reports were handed into court by Griffin’s legal team for Judge John Aylmer to consider before sentencing.

His barrister Ciaran O’Rourke said there was no question that the material seized was every distributed to other people or that Griffin had profited from the material.

Judge Aylmer released the accused on his own bail to appear at the next sitting of Letterkenny Circuit Court for sentence in July.


Donegal school principal who swindled €200k to have appeal heard today

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A Donegal school principal who stole €200,000 by cutting school meals for disadvantaged pupils could face jail after State prosecutors appealed his “unduly lenient” sentence.

Finbar Boyle, 39, who now lives in Ballybofey, spent the money on leading a lavish lifestyle.

He went on Spanish golfing trips, weekend city breaks, his mortgage and clothes – but walked away from court with a suspended term.

The dad of four was head of a primary school for children from disadvantaged communities in Co Cavan.

The school receives gets extra State supports under its DEIS (Delivering Equality of Opportunity in Schools) designation.

He could have faced up to a decade behind bars but in March last year, a judge decided to spare him jail because he’d managed to pay back €25,000 and shown “remorse”.

Judge John Aylmer showed leniency after Boyle’s lawyers argued to the court that his “significant fall from grace” was affecting his efforts to find a new job. Now, Director of Public Prosecutions Claire Loftus has taken action against the suspended sentence.

Today, the DPP’s lawyers will ask appeal judges to review the case and consider sending him to jail.

Boyle, of Annalee Manor, Ballyhaise, Co Cavan, had no prior convictions.

The Donegal man was principal of St Patrick’s National School in Kilnaleck, Co Cavan, between 2005 and 2013.

In 2008, he cancelled school meals for kids at the small rural mixed primary, claiming a grant from the Department of Social Protection had been stopped.

In fact, the school was still receiving the grant – and Boyle was keeping the money for himself.

Gardai eventually caught up with him, arresting him in March 2015 following a two-year police probe. It later transpired Boyle had embezzled a total of €204,118 from State and also school funds.

At court, he pleaded guilty to five sample charges – including theft of €73,320 from the Department of Social Protection between November 2009 and February 2011.

One court sitting heard he spent €66,000 on the school credit card alone.

His ill-gotten gains were splashed on golfing trips as well as weekend breaks in London, Dublin and Galway, Cavan Circuit Court heard.

He purchased clothes as well as golf equipment and lessons, it was heard.

And he put some of the cash towards his mortgage and household bills.

However, Judge John Aylmer indicated in 2017 a non-custodial sentence would be “considered” if Boyle could repay €25,000 to the school.“

He said: “I am not going to make any promises, but I am currently minded that it may be open to me to take a non-custodial approach.”

The judge gave him 12 months to cough up – and with the help of family and friends, Boyle raised the cash ahead of his final sentencing hearing in March last year.

During that hearing, his briefs revealed he’d endured a bitter divorce and had since suffered a breakdown.

Boyle was on €193-a-week social welfare and had to travel in order to spend time with his young children, his defence team pleaded.

His lawyers also claimed he’d suffered with “underlying and undiagnosed” psychological issues from a young age.

It was also heard he was living in Ballybofey and had a new partner with whom he was expecting a child.

Judge Aylmer remarked on the “significant breach of trust” and that the €25,000 paid back was a “fraction” of what was taken.

But he noted Boyle’s many character references and lack of prior convictions – and handed him two-year suspended prison terms on each count.

This morning, three top judges – Court of Appeal president George Birmingham, sitting with Judges Isobel Kennedy and John Edwards – will begin hearing the DPP’s appeal.

Donegal school principal jailed for 15 months for €200k theft

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A Donegal school principal who escaped a custodial sentence after stealing more than €200,000 from his school has been put behind bars.

Finbarr Boyle, with an address in Ballybofey, had pleaded guilty to five counts of theft and two counts of forgery while he was principal at Kilnaleck National School in Co Cavan between 2007 and 2012.

However, he escaped going to prison after his sentence was fully suspended on condition he repay €25,000 by Judge John Aylmer at Cavan Circuit Criminal Court on March 15, 2018.

But the Court of Appeal today found that Boyle’s sentence to be “unduly lenient” today.

He was jailed for 15 months today and taken into custody immediately.

See background story https://www.donegaldaily.com/2019/05/13/donegal-school-principal-who-swindled-e200k-to-have-appeal-heard-today/

Man on rape charge denied passport for family wedding

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An Inishowen man, charged with rape and sexual assault, has been denied access to his passport to travel for a family wedding later this year.

The man appeared before Buncrana District Court to apply to the court for the return of his passport, which he earlier surrendered due to strict bail conditions imposed.

The man, who cannot be named due to a publication order imposed by the court, is charged with raping and sexually assaulting a woman at an address in Inishowen on a date in February 2017.

He appeared before Buncrana District Court and applied to have his passport returned to him to allow to attend two weddings in Poland in the summer.

His solicitor Frank Dorrian said he understands that the charges against his client are ‘very serious and significant’ and he knows the stakes in the case are very high in terms of the bail conditions.

But he said the man has lived in Inishowen for the past 13 years and has strong ties to the community.

He said he appeared before court on every occasion and fully co-operated with the Gardaí and would like to be able to travel to Poland on two separate occasions during the summer.

Mr. Dorrian said he knows when the charges are so serious the risk of evasion are higher, but he hoped his client’s co-operation and engagement with the court process might counter that risk a little.

However Garda Inspector Seamus McGonigle said this was a different level.

“These are serious offences,” he told the court.

“And this application is a different level there is just too much risk. I accept there might a be family occasion but with respect that doesn’t matter – he is a flight risk.”

Mr. Dorrian said he knows that they are on a ‘thin wedge’ but added that the man, despite not being married or having any children, had family connections in Inishowen.

However, Judge Paul Kelly said it was ‘somewhat a stretch’ to give the man his passport back and refused the application.

Meanwhile Insp. McGonigle said he was applying to the court for some extra time for preparing the Book of Evidence in the case.

He said Gardaí needed an extra month to prepare the Book. Judge Kelly agreed and adjourned the case until June 13.

Rape survivor ‘still in a prison’ as attacker loses appeal

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A young Letterkenny woman has said that she is living with a ‘life sentence’ after being raped in 2015.

Dominique Meehan (26) said she is still suffering and living with the daily effects of a violent rape which took place as a gaming convention in Dublin.

Her attacker, Keith Hearne (30) of Allenton Drive, Tallaght, lost his appeal against the severity of his 12-year prison sentence on Monday.

Hearne’s sentence was upheld for the rape, oral rape and false imprisonment of Ms Meehan at the Crowne Plaza Hotel in Blanchardstown on July 4, 2015.

In her victim impact statement, Ms Meehan said that her mental health, her daily life and her career have been disrupted by the attack.

She said that she admitted herself to the mental health unit after learning about Hearne’s appeal and struggles with suicidal thoughts.

“I was off college for a month and had to have emergency appointments at my local rape crisis centre for counselling,” she said.

Ms Meehan waived her right to anonymity so that Hearne could be named after his conviction. She said that she is proud of her campaign for rape survivors and women, but she has lost friends and family who did not understand her reasons for going public.

“I have no social life to speak of in Letterkenny because I’m terrified of going outside at night. It takes everything I’ve got to get up in the morning and go to college. My self esteem is non-existent. I am living at home with my parents now so they can take care of me. This is a massive loss to my independence,” she said.

Ms Meehan explained that her daily actions are impacted by the brutal rape.

“I can’t lock doors, I can’t sleep on my right side, I’m a movie buff and I have to spoil movies on myself to make sure there’s no violence against women in them,” she said, adding that she has nightmares about being pregnant with Hearne’s baby and self-harmed in the months after the attack.

Ms Meehan, who is studying to be a youth worker, said she is struggling to complete the course and considered dropping out due to the stress of the appeal.

Four years on from the attack, Ms Meehan said that she and her family cannot celebrate her birthday or Christmas, as she lives with two dates in mind – the day Hearne was jailed and the date of her rape.

She said: “I’m still in a prison he has created for me on the 4th of July 2015. And I will be feeling the effects for the rest of my life.

“Every year that goes on, people look at me and think that I should be over this by now. This is a life sentence. Keith Hearne only has to serve twelve years, possibly less, and then it will all be forgotten about. You tell me how that’s fair.”

If you have been affected by this article, support is available with the Donegal Sexual Abuse & Rape Crisis Centre – Freephone: 1800 44 88 44 www.donegalrapecrisis.ie

For information about Sexual Assault Treatment Units, visit: http://www.hse.ie/eng/services/list/5/sexhealth/satu/

 

Man caught in possession of ten stolen mobile phones

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A man has appeared in court after being caught in possession of 10 stolen mobile phones.

Gardai stopped Sabin Rostas at a routine checkpoint at Oldtown in Letterkenny, Co Donegal on February 24th last and discovered the phones.

A Garda investigation showed the phones had been stolen at a number of local bars earlier.

Rostas was arrested and when the charges were put to the accused man, he replied: “I did not take the phones.”

The 28-year-old from The Green in Convoy, who denies the charges, appeared at Falcarragh District Court.

Rostas’ solicitor Mr Patsy Gallagher applied for bail but Gardai objected.

Garda Niall Murphy said he had fears that the accused man would leave the country.

Mr Gallagher said his client could surrender his passport and identity card to the court but Garda Murphy said this would not prevent the accused travelling to the United Kingdom.

Judge Paul Kelly said he was refusing bail because Rostas had a history of failing to take bench warrants.

The case was adjourned to next Monday by videolink.

Gardai said there may also be further charges against Rostas brought before the court.

“Shocking level of alcohol’ as driver four times over limit

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A man who drove with a ‘shocking level of alcohol’ in his system has been fined and banned from driving for three years for drink driving.

Danny Grant, 59, from Aghilly, Buncrana, was charged with drink driving at Lisowen Crossroads on January 28, 2019, when he appeared before Buncrana District Court last Thursday.

The court heard that Grant, who pleaded guilty to the offence, had a blood alcohol reading of 234mg of alcohol per 100ml of blood, which is more than four times over the legal limit. Currently the limit is 50mg of alcohol per 100ml of blood.

Garda Inspector Seamus McGonigle told the court that Garda O’Brien was on mobile patrol at 12.48am on January 28 when he saw a VW Caddy van pass him at Ferris Lane.

He said the driver, Danny Grant, was slumped over the steering wheel and the van was driving all over the road.

Insp. McGonigle said Garda O’Brien immediately activated the blue lights and sirens but Grant failed to stop and continued to drive on.

“He followed the van and found the van stopped at Lisowen Crossroads,” said Insp. McGonigle.

“Garda O’Brien said when he opened the door of the van he was overwhelmed by the smell of intoxicating liquor in the van and when Mr. Grant got out he was unsteady on his feet, his speech was slurred, eyes glazed over and there was a strong smell of alcohol coming from his breath.”

Insp. McGonigle said Mr. Grant was arrested and a subsequent blood alcohol reading carried out at Buncrana Garda Station revealed an alcohol concentration of 234mg of alcohol per 100ml of blood.

Judge Paul Kelly said that was a shocking level of alcohol. He also raised concerns about the fact that Mr. Grant was drink driving within Buncrana Town.

Defence solicitor Frank Dorrian said the distance involved was ‘a couple of hundred yards from Marian Park to Lisowen Avenue’.

He said Mr. Grant was a single unemployed man and was going through ‘significant stress’ in his life during that time, as a family member was ill.

He said things were ‘getting on top of him’ but said Grant has no previous convictions, adding there was ‘no pattern’ of criminal offences.

“He has never been inside this court before and he apologises to the court, but there is no pattern here,” added Mr. Dorrian.

Judge Kelly said due to Grant’s ‘reduced circumstances’ he would fine him €250 for drink driving, however, he banned him from driving for three years due to the level of alcohol in his reading.

Man caught with cocaine and drug-mixing kit at girlfriend’s home

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A Fanad man accused of being a drug-dealer was caught with cocaine, mixing agent, weighing scales and a credit card to cut up the drugs.

Eamon Sweeney, aged 38, appeared before Falcarragh District Court.

The court was told that Gardai spotted Sweeney driving a VW Bora on the Main Street in Buncrana on February 2nd, 2018.

The followed him and then stopped him and found a small quantity of cocaine on him.

Garda Superintendent Seamus McGonigle also told the court that there were a number of messages on his mobile phone relating to the sale and supply of drugs.

Sweeney was arrested and Gardai later raided the home of a former girlfriend in Buncrana and found a quantity of drugs-related items.

These included cocaine, mixing agent, digital weighing scales and a credit card used to cut drugs.

Gardai say there was €830 worth of cocaine found in the raid.

Solicitor for the accused Mr Rory O’Brien argued that the majority of the substances found was creatine and that only three grammes of cocaine was found in the raid.

He said he client fully accepted that he had done wrong but had taken steps to address his own drink and drugs problem and since the incident 14 months ago had been clean.

He said he was now working full-time as a labourer in Dublin and Meath and was continuing to address all his issues.

Judge Paul Kelly said the insidious and sinister fact about drugs is exactly what happened in this case.

He said someone develops a habit and then funds their habit by selling it and that is how the drug barons and kingpins in the drugs trade operate and grow their empires.

He said the sale and supply of drugs, in this case, had to be viewed seriously.

He adjourned the case to allow for a probation report to be carried out on Sweeney.


Man who sent lingerie to ex-girlfriend ends up in court

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A man who sent a quantity of lingerie to his former girlfriend in a bid to say sorry to her has appeared in court.

Darin Reid sent a parcel of a number of items of underwear to the woman’s house in Letterkenny, Co Donegal.

Along with the underwear was simply a note with his name and phone number on it.

However, the woman was in no mood for making up and contacted Gardai about the matter.

Reid, of Copper Beach, Convoy was arrested and appeared at Letterkenny District Court in Co Donegal to face a charge of contravening a protection order.

The coal delivery man said it never had been his intention to upset his former partner when he sent the erotic envelope on July 11th, 2018.

When the charges were put to him, Reid told Gardai “How is a person supposed to be in fear of a parcel with lingerie in it?”

The accused man’s solicitor, Mr Patsy Gallagher said the parcel with the underwear was sent possibly to apologise and rekindle their relationship.

However, there has been absolutely no contact between the pair since he added.

“There has been no contact whatsoever. Without being crude or going into the background of their relationship or taste, he thought it might reignite or rekindle their relationship.

“There was no threat in the note he left apart from his phone number on it.

“It was sent in a genuine way of trying to apologise to her and to try and rekindle something that was there before,” said Mr Gallagher.

However, Judge Paul Kelly said this was “a funny way to apologise.”

He asked the woman if she would like to address the court or to make a victim impact statement in writing but she declined.

Passing sentence, Judge Kelly said that Reid should be grateful that the woman had been very helpful to him and had not said anything that could have made it worse for the accused.

“I hope he appreciates her generosity,” he added.

He adjourned the case until July 8th next to allow Reid to pay €250 to the Donegal Domestic Violence Service and said he will apply the Probation Act if that is done.

Teenager caught speeding in crowded area on St Patrick’s Day

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A teenager has been warned he must complete the prosocial driver’s course if he stands any chance of keeping his licence, a Judge has warned.

Owen Kelly, 18, of Lower Illies, Buncrana, was charged with dangerous driving at the Cockhill Road on March 18, last, when he appeared before Buncrana District Court.

He pleaded guilty to dangerous driving, a conviction for which would lead to an automatic driving ban, in Buncrana Court last Thursday.

However, after hearing evidence Judge Paul Kelly said he would give Kelly an opportunity to keep his licence by completing the prosocial drivers course before the next District Court sitting.

Garda Inspector Seamus McGonigle told the court that Gardaí were on routine patrol in Buncrana Town on St. Patrick’s Night when they saw a red Skoda car driving at speed.

He said there were a large number of people and pedestrians in the town for St. Patrick’s Night so the Gardaí followed the car onto the Cockhill Road.

“The guards failed to indicate Mr. Kelly’s speed but they say that they were travelling at 100km per hour in the 50km per hour zone and they failed to keep up with him,” Insp. McGonigle told the court.

However when Mr. Kelly got stuck behind traffic further up the Cockhill Road the Gardaí were able to stop him.

“He said he was unaware of the speed limit in that area and could not give a reason for his speed,” the Garda Inspector said.

Defence solicitor Frank Dorrian said there was no element of a chase involved as his young client was unaware the guards were behind him.

“He did accelerate on the Cockhill Road as the road was clear but he didn’t try to overtake anyone,” Mr. Dorrian said.

“He is very young and I know the Sergeant was worried that there were a lot of people about on St. Patrick’s Night but he wasn’t trying to show off or anything.”

Mr. Dorrian said Kelly was ‘very polite to the Gardaí’ and admitted he didn’t know that he was driving in a 50km per hour zone.

The defence solicitor said his client had previously worked on a farm in rural Australia and hoped to return as soon as possible as there are no employment opportunities for him in Inishowen.

Judge Kelly told the court that there is a prosocial driving course this month in Donegal Town and if Mr. Kelly completed this, and paid €200 towards the cost of the course he would reduce the charge from dangerous to careless driving and allow the Buncrana man to keep his licence.

He remanded the case until June 13, excusing the Buncrana man on the next occasion if he had returned to Australia, on the basis that he completed the prosocial course.

Gang used credit card scam to steal €2,500 from Evolve Menswear

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Three men who were part of a gang which used a sophisticated device to dupe a credit card machine helped steal more than €2,500 from a Co Donegal clothing store.

The trio appeared at Letterkenny District Court where they faced various charges relating to the swindle.

The court heard how the men were part of a group of men who arrived at the leading Evolve Menswear store in Letterkenny in July, 2018.

CCTV footage showed the men picking a range of items from around the store including jeans, shirts and underwear.

They then handed all the clothing to another man who paid for the clothing haul using a credit card.

However, Detective Garda John Murphy told the court how the man, who is still wanted by Gardai, used a device to over-ride the normal credit card system.

Instead of requiring a pin number for the card, the card reader allowed the man to simply sign for the goods.

The three men who were charged with theft from Evolve Menswear in Letterkenny. Pic by Northwest Newspix.

Some of the gang returned the following day and signed for further items or clothing but staff became suspicious.

It was soon realised the shop had been defrauded and a full-scale search for the men was launched.

Garda information led officers to Creeslough but the men had already fled but following further CCTV footage they were apprehended in Letterkenny.

The court was told the men had arrived up from Dublin and had spent two days in Donegal.

Although the vast majority of the clothing was recovered the shop was still at a loss of more than €2,550 as the tags and labels had been taken off them.

A number of other credit cards were also seized when the gang were apprehended.

Solicitors Patsy Galagher and Frank Dorrian representing the men said the unidentified man seen in CCTV footage encouraging them to pick clothing was the instigator.

He said the men foolishly agreed but must have known that something was not right.

All three men charged with the thefts are German nationals, the court was told.

Kwabena Owusu Kyei of 28 Gardiner Street, Dublin was charged with stealing €1,250 worth of clothing from Evolve Menswear on July 12th, 2018.

Chukwuma Uzoezie of 55 Mountjoy Square, Dublin was charged with stealing €1,307 of clothing on July 11th and €1,250 on July 12th at Evolve Menswear.

The third man Alpha Fadiga with an address at Convoy, Co Donegal was charged with stealing €1,250 of clothing from the same store on July 12th.

Passing sentence Judge Paul Kelly said these were very serious theft charges committed by a group who had clearly found a sophisticated operation to carry them out with.

He fined Uzoezie €100 and ordered him to pay €400 to the proprietors of Evolve by way of compensation.

Kyei and Fadiga both had their cases adjourned until September 19 for the preparation of community service and probation reports and to allow them to come up with compensation for the clothing store.

Garda Inspector Sean Grant applied to have the clothing given to the local branch of St Vincent De Paul.

Man who threw beer bottle at passing van is fined €200

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A man who threw a beer bottle out of a car and hit a van as it passed it out has been fined €200.

Father-of-two Adam McGonagle appeared at Letterkenny District Court in Co Donegal after being caught by Gardai.

The accused and another man were in a Vauxhall Corsa which was travelling from Bridgend to Buncrana on May 15th last.

As the car in which McGonagle was a passenger overtook the van he threw the beer bottle out of the window striking the van.

Detective Garda Jason Conroy said the van had superficial damage but that the driver had to stop because he was in shock.

The incident was reported to Gardai who later pursued the vehicle as the men tried to flee across the border to neighbouring Derry.

However, Gardai managed to stop the car and arrest the pair before they reached the border.

Solicitor for McGonagle, Mr Frank Dorrian said his client was a 24-year-old father-of-two who worked in London as a labourer.

He had been drinking earlier in the day in Derry, was intoxicated but had apologised for his behaviour.

He described it as a “folly from beginning to end” but that it was a very serious situation which he now found himself in.

The court heard that McGonagle of Brent Terrace in London had 13 previous convictions in Northern Ireland for various incidents including the possession of an offensive weapon, threats to kill, no insurance and disorderly behaviour.

Judge Paul Kelly said McMonagle’s behaviour was “deplorable and unacceptable” and fined him €200.

Woman who used child to steal wellies attacked storeowner

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A young mother attacked a store owner after he confronted her when her young son walked out of his shop wearing a pair of stolen wellies.

Marie McDonagh appeared at Letterkenny Circuit Court in Co Donegal charged with theft and assault.

The 33-year-old mum-of-four had entered Cooney’s Home and Garden in Letterkenny on April 9th, 2016.

She helped her young son try on a pair of wellies but then attempted to walk out of the store without paying for them.

The owner of the store Gary Cooney approached Ms Mconagh and her son and put it to her that the wellies had not been paid for.

He then attempted to stop her leaving the premises.

However, Ms McDonagh, of The Big Isle, Letterkenny, then struck out at Mr Cooney and slapped him in the face with her mobile phone in her hand.

Barrister for Ms McDonagh, Ivan Toner, said his client was merely reacting when she was stopped from leaving the store.

Judge Paul Kelly asked if this is the way his client always reacts when she has a disagreement with them.

Mr Toner said it was not and this was reflected in the fact that she had no previous convictions.

Judge Kelly asked if Mr Cooney had been injured when he was assaulted but was told he had not.

Ms McDonagh told the court that she was sorry for what had happened.

Judge Kelly told her “This isn’t a very good example to be giving your children.”

He applied the Probation Act on each charge.

Young farmer caught with cocaine is given a chance by court

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A young farmer who was caught with cocaine has pleaded with a Judge not to give him a criminal conviction as he wanted to go to Australia to work as a sheep farmer.

Jason Donohue appeared at Letterkenny District Court charged with possession of €40 worth of cocaine.

The 21-year-old from Longford was caught by Gardai with the drugs when he attended the Donegal International motor rally on June 17th last year.

Gardai on patrol noticed Donohue and another man acting suspiciously at Fortwell off Letterkenny’s Main Street and when he was searched was found in possession of a quantity of cocaine.

Solicitor for the accused, Mr Patsy Gallagher, said his client had plans to go sheep farming in the next couple of years.

He said any criminal conviction for a drugs offence may stop him travelling.

“He is from a farming background and he does plan to go to Australia in the coming years to go sheep farming.

“He is very worried that if he convicted then he will be prevented from travelling abroad,” said the solicitor.

Judge Paul Kelly asked the accused if he planned to come to Donegal for the motor rally this year but Donohue said he had no plans.

“If you are coming up then make sure you come up empty-handed. This is your one and only chance,” said Judge Kelly.

He struck out the charge if Donohue made a donation of €150 to a local charity.

Man to appear in court after crash which killed two in Bundoran

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A man in his 20s is to appear in court in Donegal Town today in connection with the deaths of two people in a crash in Bundoran in 2018.

Shiva Devine and Conor McAleer died after the car in which they were travelling crashed into a lampost at Eastend in August last year.

They were among four passengers in the Peugeot car which went out of control.

One of the young women in the car, Rachel Elliott, survived but has been in a wheelchair since after suffering horrific injuries.

A man was arrested close to the scene of the accident several hours later but was released without charge at the time.


Man charged in fatal Bundoran crash

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A 21-year-old man has been charged with dangerous driving causing deaths following a Bundoran car crash last August.

Joseph Gilroy from Lisnaskea, Co Fermanagh, appeared at Donegal Town District Court this morning.

RTE reports that Gilroy was charged with dangerous driving causing the deaths of Shiva Devine and Conall McAleer on 19th August 2018 at Eastend, Bundoran. He was also charged with causing serious bodily harm to another crash victim, Rachel Elliott.

Gilroy was remanded on bail to allow for the preparation of the book of evidence. He will appear in Ballyshannon court in June.

Judgement reserved in case of John Downey over soldiers’ murders

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Judgement has been reserved in the case of Donegal man John Downey who is wanted in Northern Ireland on suspicion of involvement in the murder of two soldiers.

The Creeslough man is appealing against an order by the High Court in the Republic of Ireland to extradite him to Belfast.

Police in Northern Ireland sought his extradition over the murder of two UDR soldiers in 1972.

Alfred Johnston and James Eames died in a bomb in Enniskillen, County Fermanagh.
Mr Downey was previously accused of the murders of four soldiers in the 1982 IRA Hyde Park bombing.

He had been due to stand trial for those murders in 2014, but the trial collapsed when it emerged that he received a so-called on-the-runs letter – a clear written assurance from the government that he would not be tried unless new evidence came to light.

At the appeal hearing in Dublin yesterday, his lawyer argued that the proposed trial in Belfast was “doomed to failure”.

However, counsel for the Minister for Justice and Equality Charlie Flanagan said that there was a degree of “unreality” to the idea that such “on-the-run” letters could be relied upon.

College student appears in court in connection with alleged handbag theft

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A college student has appeared in court charged in connection with the alleged theft of a handbag from an elderly woman in Co Donegal.

Louis Ogbomo was charged in connection with the incident which happened on Friday night last, June 2nd at Station Roundabout in Letterkenny.

Detective Garda Stephen Moyles told Letterkenny District Court that Ogbomo was arrested at 1.16am on June 3rd and brought to Letterkenny Garda station.

Ogbomo, who was accompanied to court by his parents, made no reply to the charge.

Gardai said they had no objection to bail but asked that the accused, of Boyce Court, Drogheda, Co Louth, sign on twice weekly at Drogheda Garda station.

His solicitor said his parents were originally from Nigeria but had lived in Ireland for 16 years.

They had gathered some funds to return to Nigeria between June 18th and July 25th and were asking to allow the accused to travel with them.

Detective Garda Moyles said the young man’s parents had told him about this and that he had no objections.

Judge Paul Kelly adjourned the case until September 2nd for directions from the Director of Public Prosecutions.

Ends

Bodybuilder caught with €10,000 of steroids and tanning products

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A bodybuilder who was caught with anabolic steroids and tanning products worth €10,000 has appeared in court.

Gardai raided the home of Francis McAleavey of Church View Street, St Johnston, Co Donegal on March 9th, 2017.

The accused man, who was a bodybuilder at the time, was not at home.

However, more than 8,000 substances including vials, powders and tablets were uncovered in the raid.

A legal representative for the Health Products Regulatory Authority said the premises which was raided was a domestic dwelling but which was being used as a distribution outlet.

He said a number of the products were anabolic steroids but another was also used for self-tanning.

The court heard that McAleavey, now aged 33, pleaded guilty from an early stage.

Solicitor Ciaran Mac Lochlainn said his client started bodybuilding in 2014 in “the quest for the perfect body.”

Mr Mac Lochlainn said “Anybody can buy these things on the internet. Believe it or not but this is part of the sport.

“It is not really regulated and he was only a bit player. He had no idea he was breaking the law.

“When I asked him the value he said it was more than €5,000 so to hear the real value today is quite a shock.

“I’m told that the country is awash with the stuff but that the authorities are taking a grip on it.

“My client has stopped bodybuilding and has moved away from the sport altogether.”

The court was told that to analyse the various substances for identification and then to dispose of them cost in the region of €6,500 for the work carried out by the State Laboratory.

Judge Paul Kelly said whatever the argument over the valuation of the products found was the actual amount of “substantial.”

He said “Eight thousand items is a substantial amount and it is clear that this was being done on some scale.”

He fined McAleavey a total of €750 on three of the nine charges and took the other charges into consideration.

He added there was no point in making an expenses order as it was not realistic to expect the accused to pay €6,500.

Law loophole means Donegal slot machines can only pay out 63 cent

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A loophole in the law means that gamblers in Co Donegal playing hundreds of slot machines can only win up to 63 cent.

Licenses for almost 600 machines at two amusement arcades were granted at a recent sitting of Buncrana District Court.

However, because the licenses are operating under old laws they cannot accept a bet of more than 3c and cannot pay out any more than 63c.

The owner of Star Amusements in Buncrana and Blackthorn Amusements in Bridgend, businessman Colm O’Donnell, applied for the licences.

While there were no Garda or Fire Officer objections, a solicitor representing the Donegal Association against Gambling Machines objected to the application.

Solicitor Ms. Maureen Gallagher said gambling has a profound effect on the local community and they were concerned about how they were being run and they wanted to question the director of the company, Mr. O’Donnell.

Solicitor for the arcades, Elizabeth O’Donnell said her client was making the application for gaming machines following resolutions passed by councillors from the Inishowen Municipal District last March.

She said all aspects of the application had been complied with and the objectors, while she acknowledged they were entitled to object, were not party to the application.

She said Mr. O’Donnell was a well-known businessman, who kept his premises in good condition, had never been disqualified and the Gardaí had no issue with him.

Mr O’Donnell said he had been working in the arcade business in Inishowen for more than 40 years and he welcomed recent changes to the legalisation Donegal County Council.

He admitted that he currently has gaming machines in situ on his premises in Bridgend and Buncrana but that his machines do not currently pay out cash and operate on a credit basis.

Mr. O’Donnell told the court they had been previously operating on an amusement licence but the Revenue Officials visited their premises and told them to get a different licence.

“The Revenue audited us, and told us to get gaming licences. They took a few machines away until we got our licence up to date. We’re just following their instructions,” he said.

Solicitor Ms. O’Donnell said her client had no gaming licence until last week’s court date but that they were applying to the court ‘at the first opportunity’ to get the new licence, which is now available to them.

However, Judge Kelly queried how the businesses were operating for the last 40 years if the law was only changed by Donegal County Council in March.

“Why would the court grant a licence to someone who admits to operating for years without one?” Judge Kelly asked.

“I’ve been driving past these places for nine years – there is about three in Bridgend alone – and I always wonder what goes on in there. Now I’m being told that up until March they have operating illegally – it seems they are seeking forgiveness rather than permission.”

Solicitor Ms.Gallagher, claimed they were operating illegally saying “They were uncontrolled and operating illegally.”

However, Ms. O’Donnell argued there was ‘an unofficial amnesty’ and that they were ‘no different’ to any other arcade in the country.

She disagreed with the assumption that Star and Blackthorn had been operating illegally, but accepted that they did not have a licence for the machines until now.

Judge Kelly asked Mr. O’Donnell how the machines operated and what was the maximum stakes and winnings involved.

He said people could put in 10p or 20p or a pound and they could ‘get two back’ However he said if you get ‘five sevens you could win 50 pound’.

Ms. Gallagher said the current Gaming and Lotteries Act 1956 stated that the maximum stake was 2.5c and the reward was to be no more than 50c.

She argued that anyone doing anything different was ‘obviously operating illegally’.

Ms. O’Donnell said the law around gaming machines was old and outdated and currently until review by the Government.

Mr. O’Donnell said the Bill was currently before the Seanad and due to be updated. He said they are lobbying to have the Bill amended and the regulations changed.

Judge Kelly said this Bill will take some time to come in and currently they are constrained by the act as it stands.

He granted the licences to Mr. O’Donnell, for a period of 12 months, with the condition that any stake should not be more than 3c and no one should win more than 63c.

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