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Probation act for woman who tried to escape from patrol car

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A WOMAN who became violent towards Gardaí in Letterkenny attempted to escape from a patrol car after being arrested. 

Shania Barrett (18), with an address at Fortwell Court, Letterkenny, was before Letterkenny District Court in connection with the incident on August 17, 2020.

Gardaí received a report of two females involved in a disturbance outside the Four Lanterns on Main Street at 5.40pm on the date in question.

Barrett, the court heard, became ‘quite violent’ following her apprehension.

“She made several attempts to get away, trying to lunge over the driver side while the Garda car was in transit,” Sergeant Jim Collins told the court.

“She became very aggressive and violent towards Gardaí, which led to her arrest.”

Barrett, the court was told, was ‘extremely intoxicated’ but became compliant and apologetic when conveyed to Letterkenny Garda Station.

Solicitor for Barrett, Mr Donough Cleary, said his client was a native of Galway who sometimes ‘moves from friend to friend’. He said his client had an ‘unfortunate background’ which was having a profound effect.

Mr Cleary said Barrett attempted to escape from custody as she felt sick.

Judge Paul Kelly applied the probation act.


Donegal man with ‘a sheaf of warrants’ remanded in custody

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A MAN who has ’a sheaf of warrants’ has been remanded in custody.

Carl Ryan (45), with an address at Burrwood, Magherinture, Buncrana, appeared before Buncrana District Court via video link from Castlerea prison.

Ryan has been in custody since appearing before Donegal Town District Court on August 19. He was remanded to appear via video at Harristown District Court on August 21 and he was before the latest sitting of Buncrana District Court.

Ryan faces a number of charges, including trespass, producing an article during the court of a dispute, criminal damage, a threat to damage property, being intoxicated in a public place and a breach of the peace.

Ryan is further charged with using threatening, abusive or insulting behaviour on July 10, 2017.

Judge Paul Kelly asked that Ryan provide an address outside of the Burrwood estate.

Ryan’s cousin appeared in court and provided an address at which she said the defendant could reside.

Sergeant Collins sought continuing remand for Ryan in order for the Gardaí to verify the address provided.

Ryan asked that a cash bail bond of €500 be dropped. “I would like the bail money dropped because I can’t get it,” he said.

Solicitor for Ryan, Mr Rory O’Brien, said the cash had not been lodged due to ‘ongoing difficulties’ faced by Ryan,

Judge Paul Kelly lifted the €500 surety and changed it to €250, not cash.

Judge Kelly, noting that he had a ’sheaf of warrants’ before him on the accused, remanded Ryan in custody with consent to bail to appear via video link at Carndonagh District Court on September 15.

Woman ‘not completely with the project’ during drunken incident

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A WOMAN who had to be restrained by Gardaí following an incident outside a Buncrana hotel was ‘at a loss’ as to what had happened. 

Leanne Duffy (37) of Annagh, Emyvale County Monaghan, was before Buncrana District Court in connection with the incident.

Duffy was arrested under the public order act on August 22, 2015. She was conveyed to Buncrana Garda Station and charged at 5.55am. She made no reply after caution.

Sergeant Collins said that Gardaí received a report of an alleged assault in the car park of the Inishowen Gateway Hotel.

When Gardaí arrived, Duffy was sitting on a bus and was asked to step off.

The court heard that she became physically and verbally abusive and Gardaí had to restrain Duffy, who was highly intoxicated at the time.

Duffy was charged with being intoxicated in a public place and with using threatening, abusive or insulting behaviour.

Solicitor for Duffy, Mr Frank Dorrian, said his client, a mother of one, was attending her cousin’s wedding and she had returned to the Inishowen Gateway Hotel, where her parents were staying.

“It may be the case that she dozed off and when she came around, she was not completely with the project,” Mr Dorrian said.

“She is at a loss. This is so far out of character it is almost indescribable. Something unusual happened, this is not her general mode. She regrets this completely.

“It is so far beyond the expectation of her family that it doesn’t require any more comment. She apologises for her conduct.”

Judge Paul Kelly said if Duffy made a €150 donation to the Letterkenny Youth and Community Club, he would strike out the charges.

Bail denied for man who escaped from Donegal Garda station

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A MAN who escaped from custody at a Donegal Garda Station and stole a mobile phone from a Detective has been refused bail. 

John Harkin appeared at Letterkenny District Court by video link from Castlerea Prison.

Harkin, with an address at Hawkin Street, Derry, faces a number of charges for alleged offences between 2009 and 2014.

Harkin is charged with escaping from lawful custody at Burnfoot Garda Station in July 2009. On the same date, it is alleged that Harkin stole a mobile phone from a Detective Garda at Burnfoot Garda Station.

Harkin faces a number of theft charges, including the theft of a car.

It is further alleged that Harkin reversed into the front of the car of an off-duty member of An Garda Síochána, causing a risk of death or serious harm.

Solicitor for Harkin, Mr Frank Dorrian, sought bail and contested that others had been granted bail ‘on vastly more serious charges’.

€3,000 was made available by way of an offered bail bond. Mr Dorrian said his client was ‘indebted to the people who provided the money and has assured them that he won’t let them down’.

“He acknowledges that this is a problem he created himself,” Mr Dorrian said.

“They are essentially charges against property. They are not the most serious of charges and they date from 2009 to 2014.

“Factors that were present in his life are no longer present. He advises that he has now managed to obtain tranquillity where he behaves properly, he is sober and functional. He has got his act together regarding his behaviour.”

Sergeant Jim Collins objected to bail due to the seriousness of the charges and the issue of previous bench warrants for Harkin, including one from the Circuit Court in 2010.

“The vintage of the charges is not at the foot of the State,” Sergeant Collins told the court. “It is at his foot for trying to avoid being brought before the court. We object in the strongest possible way.”

The DPP has consented to Harkin being forwarded for trial at the next sitting of Letterkenny Circuit Court, which begins on October 27.

A book of evidence has been served.

Judge Paul Kelly said he felt that Harkin was a flight risk, based on the evidence of previous warrants and the fact that he resides outside the jurisdiction.

Man who verbally abused woman in hair salon fined

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A man who entered a hair salon and abused a woman inside has been fined €250.

Mark McGettigan walked into Sally’s Hair Salon at Pearse Road in Letterkenny on September 19th, 2018.

He began to verbally and abuse Ms Mark Vanbeck who was an employee at the salon.

Mr McGettigan of Sea Breeze, Kerrykeel, was later arrested but denied making threats to Ms Vanbeck.

The court was told that there was no audio on the CCTV which had been taken from the incident.

The court was told that McGettigan had previous convictions for traffic offences and public order offences.

Solicitor Kieran Dillon told Letterkenny District Court that there was history between the two people and his client wrongly thought this was the way to address matters.

The court was told that McGettigan was a 34 year old father of two who works part-time in a restaurant.

Judge Paul Kelly said it was a mystery to him how someone could walk into a hair salon and try to address matters in public.

He said he hopes he has learned his lesson from the matter and fined McGettigan €250.

Gambling student who snatched pensioner’s handbag gets community service

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A computer science student who snatched a pensioner’s handbag to feed his gambling habit has been ordered to do community service.

Louis Ogbomo appeared at Letterkenny District Court in Co Donegal charged with robbery on June 2nd last year.

The 21-year-old approached the elderly woman as she was walking from the bus stop at the Station Roundabout in Letterkenny to her car at 9.30pm.

The accused man had been in a casino on the Port Road and was later seen on CCTV following the woman to her car.

She placed her personal items on the passenger seat and as she went to get into her car, the accused snatched her handbag.

The bag contained €200 in cash and a mobile phone valued at €250 while the bag itself was valued at €100.

Ogbomo, of Boyce Court, Drogheda, Co Louth, was subsequently arrested and detained by gardai and initially gave them misleading information.

Eventually, he provided them with the correct information and made admissions. During a search at Letterkenny Garda Station he was also found to be in possession of a small quantity of cannabis which he said was for his own personal use.

Solicitor Frank Dorrian said his client had been in Letterkenny studying computer science at the time of this offence.

Ogbomo had developed a gambling habit and returned to the casino after he had taken the bag.

Mr Dorrian said Ogbomo’s parents have taken a very dim view of their son’s behaviour.

“His parents came here from Nigeria 17 years ago. They are very hard-working people, his father is a taxi driver and his mother is a health care assistant. They had been very proud that Louis was in third-level education.”

Mr Dorrian continued to outline that these matters before the court have been “a rain cloud over his existence” and he has since dropped out of education.

He added “He has previously suffered from anxiety and depression and his mother tells me that this incident brought a veil down over her son. He ceased his studies and had been in part-time employment but was made redundant. There is a cathartic element to his tendering a plea.”

Mr Dorrian said Ogbomo is thoroughly ashamed that he has brought himself and his family through this.

He said he had €200 by way of restitution in court.

“He is no longer gambling. It is a very corrosive addiction. He is otherwise an excellent young man who wants to try and return to education and put this behind him,” concluded Mr Dorrian.

Judge Paul Kelly ordered Ogbomo to do 60 hours community service for the theft and applied the Probation Act for the drugs charge.

Pro Social chance for Lexus driver ‘caught up in boisterous behaviour’

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A MAN who was apprehended after taking off at speed from Gardaí ‘got caught up in the boisterous behaviour of others’, a court has heard.

Stephen Matthewson (26), with an address at Osbourne Street, Derry, has been given the chance to complete the Pro Social driving course.

Matthewson was charged in connection with the incident on June 14, 2019 and appeared before Buncrana District Court.

Gardaí observed cars performing doughnuts on the N13 road at Bridgend.

The cars took off at speed and headed for the border crossing. Gardaí observed a red Lexus turn off its lights, drive off at speed and show no regard for other road users.

With the assurance of a second patrol car, the red Lexus was stopped and Matthewson was arrested and charged. Matthewson was said to have been apologetic at Buncrana Garda station.

Matthewson has two previous convictions for road traffic offences.

“My client wasn’t one of the cars doing doughnuts,” solicitor for Matthewson, Mr David Murphy, said. “My client drove off and was the middle car.”

Mr Murphy said his client denied the allegation of turning off his lights, noting that the incident was at 10pm on one of the longest days of the year.

His client, he said, was a 26-year-old plumber who drives from Derry to Belfast every day. He asked Judge Paul Kelly to consider not disqualifying Matthewson as that would impact on three employees who obtain a lift to work each day with his client.

“He got rid of the car in question to try to avoid unwanted attention,” Mr Murphy said. “He seemed to get caught up in the boisterous behaviour of other cars.

“He has copped himself on and he has a young child now.”

The court heard that Matthewson is now driving a family estate car.

The case was adjourned to January 14, 2021, by which time it is hoped that Matthewson can do the Pro Social driving course.

Man who killed cyclist gets suspended jail sentence

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A man who killed a cyclist while driving to his local shop to get a newspaper for his father has walked free from court.

Liam Cannon, aged 33, had pleaded guilty to careless driving causing the death of father-of-three Noel McDermott in Gortahork, Co Donegal.

Mr McDermott died when he was struck by Mr Cannon on the afternoon of January 26th, 2018.

The victim, aged 43, died at the scene of the collision which took place on a sharp bend governed by an 80kph speed limit.

Garda Shaun O’Hara told Letterkenny Circuit Court that he arrived on the scene to find the driver with his hands on his head in a distressed and frantic state saying “I’ve killed him.”

The driver had originally been charged with dangerous driving causing death but the prosecution accepted a lesser plea to careless driving causing death.

There were no witnesses to the collision and no CCTV in the area.

He said the accused man was coming around a tight left bend and he lost control of the car which went across to the opposite side of the road hitting Mr McDermott.

Mr McDermott, a devoted family man and father-of-three young children who was originally from Hawthorn Heights in Letterkenny, was pronounced dead at the scene.

A Garda forensic examination of the scene found the road was governed by an 80km speed limit, the conditions on the day were good and that Mr Cannon’s car was in a good pre-accident condition.

The forensic examination of the scene found that although the road was governed by an 80kph speed limit, the bend on which the crash happened could not be negotiated at such a speed.

The investigation concluded that the driver was going too fast into the bend to safely negotiate it and over-corrected his car and lost control of it at speed at struck Mr McDermott.

Two victim impact statements were given on behalf of both the late Mr McDermott’s wife Aifric, and also on behalf of his mother, brother and three sisters.

Mr McDermott’s brother-in-law, retired Detective Garda Bosco Gallagher read the statement on behalf of Mrs McDermott.

In a touching tribute, she said that life was so good with Noel and their two young children before he died.

She said he lived for his family, farming and cycling and that when her own mother was diagnosed with cancer Noel stepped in to allow her the time to look after her mum.

However, since Noel’s death, she struggles to find answers for her children about what happened on the day their daddy was killed.

“Noel is no longer with us and we will never get over the loss of him. We shared so many happy memories.

“But I am an empty shell of grief and I merely exist. Our lives will never be the same again,” she wrote.

Mrs Maureen O’Donnell, Noel’s sister, said the events of the evening of the 26th January 2018 will be forever etched in their hearts and minds.

“Noel’s passing is felt most heartfelt in his family home in Bun na Leaca and it is heart-breaking when we see his beautiful children missing out on their Dad’s love and devotion in their lives.

“Noel lived for his children and his wife Afric and it is incomprehensible to see them growing up without him.”

She added that the whole family is overwhelmed with a sense of devastation at the suddenness of the tragedy and the immensity of the loss in each of their lives.

“This devastation has affected us all in different ways and has had an impact on our day to day lives,” she said.

In a moving tribute to her late brother, Mrs O’Donnell said the entire family are so proud of everything Noel had achieved in his life and have an immense regret that he didn’t get the chance to pursue his devotion to his wife and children.

“We are reminded constantly by people talking about Noel, by looking back over photographs and by our own beautiful personal memories of the wonderful precious person he is. His beautiful smile that lit up a room will continue to live in our hearts as we trundle on through life without him.

“It is impossible to express publically how Noel’s death has affected each of us as coping with grief is such a private thing,” she added.

Barrister for Mr Cannon of Derryconnor, Gortahork Colm Smyth, SC, said his client had to live with the consequences of what had happened on a daily basis and was “tortured” by the events.

The accused said he wanted to tell the McDermott family about how sorry he was for what had happened.

He said “I deeply apologise for what happened. I think about Noel and his wife and family all the time and I can’t comprehend the effect it’s left on the family and how much shock and trauma it has caused them.

“I want them to know I am sincerely sorry for what happened. If I could turn back the clock and change it I would.

“I will live with the consequences for the rest of my life. I want them to understand that I never intended for it to happen.”

Passing sentence Judge John Aylmer said the offence did not involve the usual factors of such cases such as intoxication or a defective car.

He said he placed the offence at the upper end of the scale of careless driving although it was borderline.

He said there was no evidence that Mr Cannon was driving above the 80kph limit and that he had also shown great remorse and continued to suffer psychologically as a result.

He said the offence deserved a sentence of 15 months but he would reduce that sentence to one of ten months in prison because of the mitigating factors.

However, because the accused had no previous convictions and also the fact that his license will impinge upon his work as a gardener, he suspended the entire jail prison sentence for a period of 12 months.

He also disqualified Cannon from driving for six years.


Jury sworn in case of man accused of sexual assault

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A jury has been sworn in for the trial of a man accused of the sexual assault of a woman in Letterkenny.

It is claimed the man sexually assaulted the woman on Ramelton Road in Letterkenny on June 17th, 2017.

The man, who appeared at Letterkenny Circuit Court, pleaded not guilty when the charge was put to him today.

The trial, which is in-camera, is expected to last between two and three days.

Time ticking in case of man accused of Letterkenny knife attack

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GARDAÍ have been given two weeks to ready a case against a man who has been in custody for the last 11 weeks.

Judge Paul Kelly said if the State was not ready to proceed with the case against Gabor Zsebi in two weeks, he would strike out the charges.

His solicitor, Mr Frank Dorrian, argued that his client was ‘in unlawful custody’ at present.

Zsebi appeared before Letterkenny District Court via video link from Castlerea Prison, where he has been in custody since July 3.

Zsebi, who has an address at Riverdale Terrace, Oldtown, Letterkenny, was remanded to Castlerea in July, when he appeared before a special sitting of the court charged with a number of offences in connection with an alleged knife attack and burglary at a house in Letterkenny.

Garda sought a further adjournment in the case. Inspector David Durkin said that a file had been sent to the DPP earlier this week.

Solicitor for Zsebi, Mr Dorrian, said they had been advised on September 3 that all pertinent evidence was taken and that any ‘outstanding jobs won’t delay the submission of the file’.

“The investigation which is ongoing is not in respect of these charges which have him in custody,” Mr Dorrian said. “It is my belief that he is being held in prison to enable another matter be investigated.”

Inspector Durkin said the charges all arise out of one incident.

“In order for us to complete an investigation into one set of circumstances, various lines of interview have to be carried out,” Inspector Durkin said.

Communication with Zsebi was made via a Hungarian translator who was present in court.

Gardai sought a one-month adjournment, but Judge Kelly Judge Kelly remanded Zsebi to appear again on October 1.

“If the State is not ready, I will strike out the charges,” he said.

GAA star McShane fined after driving at 171kph in Donegal

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TYRONE GAA star Cathal McShane has avoided a disqualification after being caught driving a car at 171kph in Donegal.

Gardaí were conducting a speed check at Dromore, on the N13 dual carriageway outside Letterkenny on July 26 at 9.53pm when they detected a Volkswagen Passat driving at 171kph in an area governed by a speed limit of 100kph.

McShane was taken to Letterkenny Garda station where he was charged with dangerous driving and bailed.

The 24-year-old, of Moorlough Road, Strabane, Co Tyrone, made no reply when the charge was put to him by Gardai.

McShane was not present for hearing at Letterenny District Court.

Solicitor for McShane, Mr Patsy Gallagher, said his client was ‘deeply distressed and deeply remorseful’.

“This was quite a shock to all parties, including himself,” Mr Gallagher told the court.

“He is a young man who is quite well known in the community. He is very much involved in the GAA and also very much involved in the young side of it. He gives considerable time to underage football in his own club.

“He is a qualified engineer and is very involved in community circles.”

Sergeant Jim Collins said McShane was fully co-operative with Gardaí on the night in question.

Mr Gallagher said McShane was driving a new car, which he had been given by his employer, and was traveling to visit his mother in Rathmullan, County Donegal.

Mr Gallagher said McShane travels all over Ireland for work purposes and is required to drive a lot.

Judge Paul Kelly said that the it was clear McShane had made a ‘good impression’ on those who had written lengthy testimonies, which were submitted to the court.

“Driving at that speed is hugely dangerous,” Judge Kelly said.

Judge Kelly accepted a plea from McShane and reduced the charge to one of careless driving. McShane was fined €750.

Earlier this year, McShane – a GAA All-Star winner in 2019 – turned down a contract with Australian Rules side Adelaide Crows

McShane recently suffered a set-back as he recovered from a dislocated ankle and is set to miss the remainder of the 2020 season, including Tyrone’s Ulster SFC joust with Donegal on November 1.

New charges for Letterkenny man facing arson rap

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A LETTERKENNY man who is to go before the Circuit Court next month on charges including arson has appeared in court on further charges. 

Rory O’Hara (22), with an address at Thornberry, Letterkenny, was present at Letterkenny District Court.

O’Hara was further charged with the theft of €20 from a person on Main Street Letterkenny on July 20, 2018.

He was charged with trespass and the theft of a car at Ashfield, Letterkenny, on November 28, 2019, and with the theft of €340 from a person at Fortwell, Letterkenny, on December 9, 2018.

O’Hara pleaded guilty to the charges. The case will be before the November 5 sitting of Letterkenny District Court for sentence.

The accused has been returned for trial to Letterkenny Circuit Court, the next sitting of which commences on October 27.

A book of evidence was served in July.

O’Hara is charged with arson of a car, a Toyota Yaris, at Riverfront House, Pearse Road, Letterkenny, on November 29, 2018. He is also charged with damaging a wooden desk at Letterkenny Garda Station on December 10, 2018.

On these matters, O’Hara spoke only to say he was aware of the conditions of his bail.

Judge Paul Kelly assigned legal aid to solicitor Mr Patsy Gallagher and granted legal counsel.

Man gave false name after verbal abuse of Garda near Donegal beach

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A BENCH warrant has been issued for a 59-year-old Tyrone man who became highly abusive to a Garda near a popular beach in County Donegal.

Patrick McNamee (59) or Orritor Street, Cookstown, Co Tyrone, is charged with using threatening abusive or insulting words or behaviour  with intent to provoke a breach of the peace, with being intoxicated in a public place and with providing a false name to Gardaí on July 11, 2020.

Garda Cole told Letterkenny District Court that she was on foot patrol at Kerrs Bay, Rathmullan at around 9.30.

The Garda said she noticed a male walking past and make a comment that she ‘could arrest me at any stage’.

The Garda said the man was staggering, got into a car and took a drink from a Tennants can that was in the centre console.

The man got out of the car and the Garda asked his name, to which he replied that it was ‘none of your f****** business’.

Garda Cole said she could smell alcohol and the man’s eyes was glazed.

“He could barely stand and was leaning against the car for support,” she said.

Garda Cole said she asked the man’s friend to tae him home and he said they were from Omagh and had nowhere booked to stay. When Garda Cole asked the man’s name again, he refused, telling her she was ‘f****** stupid and should go back to school’.

The man became abusive to onlookers who he told to ‘mind your own f****** business’.

Garda Cole arrested the man, who finally gave a name and address, and, as she was putting him into the back seat of the patrol car, he attempted to shrugged her away with his elbow and tried to close the door on her.

The man was handcuffed and taken to Milford Garda Station. Garda Cole noticed that the man gave a different address to the member in charge at the station and his friend was calling him ‘Paddy’.

McNamee’s identity was established at the station.

He was in Garda custody for four hours from his arrest to his release.

When charged, Garda Cole said McNamee was ‘still very angry’.

“He was doing a lot of banging on the cell door,” she said.

McNamee was not present in court and Judge Paul Kelly issued a bench warrant  for sentencing.

Disqualified driver ‘put nose out to authorities’– Judge

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A MAN apprehended driving while disqualified ‘put his nose out to the authorities’, a Judge has said. 

Lukasz Balog (21), with an address at Glendale Manor in Letterkenny, was before Lettrkenny District Court.

Balog was stopped by Gardaí at 6.10pm on April 14, 2020 at Glendale Manor. Gardaí knew Balog to have been disqualified.

At separate courts in Letterkenny and Ennis in 2018, Balog was banned from driving for periods of five years, whiel he was given community service in 2018 for driving with no insurance.

Solicitor for Balog, Mr Kieran Dillon, said that it was a ‘very serious matter and a serious concern what is coming’ for his client.

“There can be no doubt as to what he should not do,” Mr Dillon told the court.

“A car was left to his house for his uncle and he was persuaded to take it. He drove it a short distance and thought it was different whole within the housing estate.

“This is a very serious matter. His actions have put driving beyond his reach for many years. He has done his community service, but it is very hard to put an old head on young shoulders. He has stressed to be me that he has seen the error of his ways.”

Mr Dillon said his client was a family-orientated man who had recently moved to Carrick-on-Shannon to seek employment.

“That didn’t deter him,” Judge Paul Kelly said.

“He was disqualified previously while driving disqualified.”

Judge Kelly adjourned the case until December 21 to allow for a the preparation of a probation report and community service report.

“I am not restricting to these options,” Judge Kelly warned. “This is really putting his nose out to the authorities, particularly so soon after being given the benefit of community service.”

‘Small-time drug dealers helping ‘dangerous criminal network’– Judge

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A JUDGE has warned that ‘small-time’ drug dealers are helping to underpin ‘a vast, sordid and dangerous criminal network’.

Judge Paul Kelly was speaking during the case of a Letterkenny man who was before Letterkenny District Court after being found in possession of over €1,100 worth of drugs.

On August 29, 2019, quantities of cocaine and cannabis to the value of €1,157 was found in the home of Clive Heapes (29) at The Gardens, Ballymacool, Letterkenny.

Solicitor for Heapes, Mr Patsy Gallagher, said this was ‘not your typical sale and supply case’.

“Rather, he was supplying local cohorts,” Mr Gallagher said. “The parties in the circle are known to Gardaí and find themselves in the same, unfortunate circumstances.

“He is not the main player by any means. There is a small cohort of parties who assist.

“He is 29 and has had difficulty with addiction from his very early teens. His mind has not been in a good place, but he was clear and forthright with the Gardaí.”

Sergeant Jim Collins said that Heapes was ‘relatively co-operative’ when interviewed and said the drugs were ‘relatively easy found and he did assist’.

“He suggested that he was trying to fund his own habit,” Sergeant Collin said.

Judge Paul Kelly remanded Heapes on bail until the December 21 sitting of the court to allow for the preparation of probation and community service reports.

Judge Kelly said: “Small-time dealers like Mr Heapes underpin a vast, sordid and dangerous criminal network that destroys towns and cities across Ireland with fear, intimidation and violence.

“A few deals to pals and this is a consequence of it and this has to be seen in that context.”


Donegal men cleared of murdering man in Sydney

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TWO Donegal men have been acquitted of murder in Australia.

Inishowen men Nathan Kelly (23) and Christopher McLaughlin (25) were on trial for the murder of Paul Tavelardis in the Supreme Court.

Mr Tavelardis died nine days after an altercation with the Donegal pair.

Both men pleaded not guilty to murdering the homeless man, who lived in his car.

Mr Tavelardis, 66, died in hospital days after the incident on Grosvenor Crescent just after midnight on December 29, 2018, having suffered critical head injuries caused by blunt force trauma.

After deliberating for almost a week, a jury returned not guilty verdicts to both murder and manslaughter.

During the three-week trial, the jury heard that the two men were drinking heavily throughout the day before the incident, which happened at around 12.30am.

After lying down in Summer Hill railway station, they got in a car and drove laps of the suburb,

On their return to Grosvenor Crescet, where they also lived, the two men said they found Mr Tavelardis trying to break into Mr McLaughlin’s car.

The two argued that Mr Tavelardis struck Mr Kelly with a metal pipe.

A neighbour said he saw Mr Tavelardis run around his car with a ‘large item’ in his hand.

The neighbour said the men began to beat Mr Tavelardis.

Barristers for the two men argued that they never had intent to kill or cause serious harm.

The trial, before Justice Geoffrey Bellew, concluded when the NSW Supreme Court jury returned not guilty verdicts.

It is expected that the two men will return to Inishowen.

Disqualified driver tests positive for drugs after Garda chase

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THE occupants of a car which failed to stop for the PSNI were arrested after fleeing across fields from Gardaí overnight.

The car crossed into Donegal at Pettigo and was subsequently observed by the Donegal Town drugs unit of An Garda Síochána.

The car again failed to stop for the Gardaí and entered private property, causing what the authorise describe as ‘substantial damage’.

The car, which was found to have been bearing false plates, continued into fields where the two occupants fled on foot before being arrested.

The driver of the car tested positive for cannabis and it was discovered was disqualified from driving.

The drive is to appear before court this morning charged with a number of offences.

Judge shoots down plans for alleged killer to holiday in Donegal

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Plans by a man facing court over his alleged involvement in a murder to holiday in Co Donegal have been shot down by a Judge.

Jake O’Brien, aged 25, had planned to visit Bundoran for his mother’s birthday celebrations soon.

Craigavon Magistrates Court heard that police claimed alleged killer O’Brien had breached his bail conditions by getting into a van recently.

The Sunday LIfe reported that O’Brien, from Rectory Road, is jointly accused with Andrew Martin (24), from Trasna Way also in Lurgan, of the murder of crime gang boss Malcolm McKeown in August last year.

The 54-year-old gangster was shot six times in the head and body as he sat in his car at a filling station in Waringstown.

In court in Friday, where O’Brien appeared via videolink from police custody, a detective said that on September 17 officers had been on patrol in Moira when they spotted a man in the driver’s seat of a van.

Officers took a description and watched as the man went to the rear of a property.

Police went to this house and were greeted by a man who said he lived there on his own, but officers noticed someone else moving inside. Having gained access, they found a “sweaty and nervous” O’Brien.

Being in a private vehicle would represent a beach of the his bail conditions.

Outlining police concerns, the constable said O’Brien was accused of a serious offence alleged to have been committed while on licence.

She added that there were concerns of witness interference and that the gun involved in the killing had yet to be recovered.

Defence barrister Michael Forde said the breach of bail was not accepted and that a middle ground had been established through a change of conditions, with O’Brien signing with police three times a week as opposed to once.

Mr Forde also submitted that his client would forgo his planned trip to Donegal.

District Judge Rosie Watters said: “With great reluctance, I am going to allow bail with the amended condition, but he will not be going to Bundoran.”

The case was adjourned until October 16.

Judge urges court users to ‘redouble’ efforts on Covid guidelines

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A DONEGAL Judge has expressed concern at what he calls a ’significant slippage’ in adherence to Covid-19 guidelines in court.

Judge Paul Kelly was speaking at today’s sitting of Letterkenny District Court.

Since the resumption of court hearings, there is a limit 21 people who are permitted in the courtroom at a given time.

Judge Kelly said that there had been a ‘significant slippage’ in adhering to Covid-19 regulations by people in court.

Judge Kelly highlighted that some practitioners in court have not been complying with social distancing and mask wearing.

“People who are not adhering are not only putting themselves at risk, but everyone else in the court building,” Judge Kelly said.

“There has been an increase in Dublin since last weekend and the figures for Donegal and a number of other counties are quite alarming.

“I repeat the directions that social distancing requirements must be strictly observed by practitioners and members of An Garda Síochána.

“There are restrictions that have fallen into slippage and they need to recommence and efforts redoubled.

“This is still a dangerous time for everyone and I would ask that practitioners to have regard to that.”

Curfew imposed on man charged with hit-and-run death

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A CURFEW has been imposed on a man who has been charged in connection with a hit-and-run death in Letterkenny.

Letterkenny District Court heard that Paul Dooher (27) of Culdoire, Gortlee, Letterenny, had breached bail conditions.

Jason Haughey, aged 30, was killed when he was struck by a car at Windyhall, Letterkenny in the early hours of June 13th, 2020.

Dooher was interviewed by Gardaí and was before Letterkenny District Court on June 17, 2020, where he faced a number of charges, including hit and run, not having insurance, using a vehicle without the consent of the owner and driving without a driving license.

Dooher had to surrender his passport and signs on at Letterkenny Garda Station twice a week.

Detective Garda O’Sullivan told the Court that Dooher had breached bail condition.

Dooher was, according to bail terms, to be of good behaviour, but Detective Garda O’Sullivan said Dooher was involved in an alleged public order incident on September 12th and in another such alleged incident during the weekend just past.

On September 12th, damage was caused to Dooher’s mobile phone and he has not been contactable on the phone since – putting him in breach of another condition of his bail.

Detective Garda O’Sullivan sought the imposition of a curfew from 9pm-9am and the stipulation that Dooher remain intoxicant free.

“We are concerned,” Detective Garda O’Sullivan said. “They are serious charges and we are being more than fair on Mr Dooher.

“One more chance is all that we will give him. We will look to remand him in custody if there are further charges.

“We are hoping that today might settle hi or we will be seeking a remand. I hope that for his own sake he understands the seriousness.”

Solicitor for Dooher, Mr Patsy Gallagher, sought to have the curfew end at 7am each morning as his client was seeking employment in Killybegs and would have to leave home between 7am and 9am to start work.

Judge Paul Kelly imposed the further bail conditions and warned: “If the Detective Garda had come in and given me this information for bail to be revoked, I’d have granted it. He has decided to give you one further opportunity – and that’s the last one.”

Judge Kelly adjourned the case until November 16th.

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