A JUDGE has ordered that a 22-year-old Donegal man who was highly abusive to Gardaí be present in court to answer two public order charges.

The case of Simon Harvey (22) of Lough Road, Milford is due back before Judge Paul Kelly at Letterkenny District Court on November 16.

The court heard that, on April 29, 2020, Gardai responded to a call regarding an intoxicated male at Simpson’s Supermarket, Letterkenny.

Gardaí observed a male, face down on the ground and missing one of his runners.

Harvey, the court heard, was unable to stand and became abusive to both staff and Gardaí. When being released, Sergeant Jim Collins said Harvey was ‘extremely apologetic and remorseful’.

At a later date, Gardaí observed Harvey, who had left his house on Lough Road, in an intoxicated state on the main road shouting abuse to Gardaí. With a number of other people present, Harvey proceeding to call Gardaí ‘f****** pigs’.

Sergeant Collin said that Harvey was ‘again apologetic and co-operative’.

Solicitor for Harvey, Mr Patsy Gallagher, said his client had a ‘number of issues, he is apologetic and has no excuse’.

Mr Gallagher added: “This is his first run in and the first time he has come before this venue.”

Harvey was not present in court.

Judge Paul Kelly adjourned the case until November 16.

“I want him here,” Judge Kelly said. “Tell him to gather some money.”

A DONEGAL youth who was described as a ‘Jekyll and Hyde’ character has appeared in court charged with a ‘catalogue’ of driving offences.

The youth, who cannot be named due to his age, was brought to Letterkenny District Court in handcuffs by Gardaí.

He is charged with what Judge Paul Kelly described as ‘a catalogue of offences’ on nine dates from June 13, 2019 to August 29, 2020.

On the most recent date, August 29, 2020, Gardai said they saw the youth pushing a racing quad at 3.45pm in the afternoon.

He told Gardaí that the quad had broken down and he was taken it to be repaired.  The court heard that he pushed the quad a distance of seven kilometres.

After it had been repaired, he drove it and, on the way back, came up behind a farm quad being driven by another minor. Garda witness said that the youth drove up tight to the rear of the other quad.

“There was little or no room between them,” the Garda said. “The farm quad was just a bigger version of the one he was driving.”

As they passed the church in Gortahork, he moved to overtake the other quad and colliding. The youth was, the Garda said, ‘sent flying through the air and came to rest in the middle of the N56’.

The youth, who lost a tooth in the incident, received medical attention and was taken to Letterkenny University Hospital, where he received treatment for a variety of cuts and bruises. The matter was not reported to Gardai at the time. The youth denied driving the quad before later making full admissions to Gardaí.

On January 6, 2020, at 1.50pm, Gardaí observed a vehicle traveling towards them straddling the white line. Three passengers were on board the vehicle, which was driven by the defendant. Gardaí followed the car, which went onto a side road before overtaking a tractor on a blind bend. He narrowly avoided a head-on collision with another car.

After the Gardaí activated the blue lights and sirens to indicate the vehicle to stop, it continued on before the vehicle stalled. The pursuit lasted eight kilometres before the car stalled.

The occupants alighted and fled on foot. The driver was apprehended and arrested.

On June 2, 2020, Gardaí on patrol in Creeslough signalled for a car to stop. Gardaí pulled alongside the vehicle and spoke to the driver. When another vehicle came behind, Gardaí indicated for the driver to pull over and wait. However, he took off at speed and fled. Gardaí pursued the vehicle to the Falcarragh area, where it was observed traveling down a narrow side road.

Gardaí continued their pursuit until the car met an oncoming vehicle and had to stop.

Garda witness said the driver ‘bailed out and abandoned the vehicle’. The youth denied driving the vehicle when Gardai visited his home. A demand was made for the production of documents, but these were not tendered to Gardaí.

The defendant was also charged with a range of incidents from 2019.

On June 13, 2019, at 9.12pm, he was observed driving a car, which was not taxed. The vehicle was seized. A demand was made to produce documents, but he did not do so.

On July 6, 2019, the youth drove past a cyclist on Tory Island and performed a handbrake turn. The cyclist gestured to the youth not to drive in such a manner. The youth became abusive and when the cyclist returned to his home, the youth arrived on a quad and verbally abused him.

The following day, on July 7, 2019, at 4pm, the man was again cycling when a car, being driven by the defendant, pulled alongside him in a dangerous manner. Again, he became abusive towards the cyclist.

On September 9, 2019, at 1.25pm, the accused drove outside Pobalscoil Ghaoth Dobhair. It was lunchtime and students were crossing between the school and the playing fields when the youth started to perform diffing manoeuvres. Initially, he denied driving the vehicle before making a full statement of admission.

On September 12, 2019, Gardaí were aware that the youth was in possession of a vehicle which was parked at his home with no registration plates. Gardaí later observed the vehicle fishtailing on the N56 road. The vehicle, which Gardai said was ‘dangerously defective’, was seized. A demand was made for documents, which were not produced.

On December 11, 2019, at 11.30am, an off duty Garda was on his way to Falcarragh Garda Station in his own car when, as he approached a junction, he observed a scrambler motorcycle being drive by the defendant. When he attempted to speak to the youth, he made off. Later, the Gardaí called to the family home. A demand was made for insurance, but the documents was not produced.

Solicitor Mr Patsy Gallagher said the youth’s father, who was present in court, had ‘stood by him in these difficult times’ and said the matters were ‘not acceptable in any matter of any community’.

Mr Gallagher said: “For his family’s sake, he should cop himself on and get away from these vehicles.

“We have before us here a young man who is an extremely hard worker but, with the power of the right foot, unfortunately he becomes a Jekyll to the Hyde character he is normally.

“He is a gentleman with a low voice, but when he gets behind a wheel he goes nuts.”

Mr Gallagher said his client was ‘remorseful, apologetic and there is now a realisation’.

Mr Gallagher said: “He has had time to reflect in a room where doors have been closed that he can’t open.

“He fully accepts he was playing chicken, he was acting the maggot on a very dangerous machine. This wasn’t a proper environment and he could have killed. He accepts that.”

Mr Gallagher asked the court to release the youth – who submitted a hand-written letter to the court – into the custody of his father for a short period.

“He understands the danger that he has put people in,” Mr Gallagher said. “This has to be drilled hard at this young age. He is coming into a period of his life for which statistics don’t need to be brought out.

“Give him some hope or light at the end of the tunnel. Put him on his merit and let’s see if he will abide by the conditions.

“Looking to the future, he may have been ‘got’ at the right time’. He realises that if he doesn’t amend the error of his ways, he has a lot of time in custody. He can be saved and will be saved. He has taken the first step by acknowledging the wrongdoing. He understands the realisation that he could have killed someone.”

Judge Paul Kelly, noting that he was obliged to seek a probation report, denied bail and remanded the youth in custody until October 19.

“He has a catalogue of offences,” Judge Kelly said. “A particularly aggravating factor is that bail was granted on a substantial number of cases in January. A condition of bail was that you not drive a vehicle. The Probation Service will be in touch and you must engage fully.”

A LETTERKENNY man was arrested on Sunday after producing a hammer during the course of a dispute.

John McGinley (39), with an address at Glenwood Park, Letterkenny, appeared before Letterkenny District Court charged in connection with the incident, at another address at Glenwood Park, on Sunday last, September 20.

McGinley was arrested by Gardaí at 2.30pm and charged at 11.32pm.

When charged, McGinley told Gardaí: “I didn’t assault anyone. I’m the victim.”

Gardaí objected to bail, due to the seriousness of the charge and the likely interference with witnesses.

Garda Nugent said: “There are three statements from injured parties and witnesses and they positively identify the defendant. They reside 100 metres apart and therefore there is the possibility of interference.”

Solicitor for McGinley, Mr Patsy Gallagher, said there had been no previous interference and he applied for bail.

“My client gave a full statement,” Mr Gallagher said, “and there is an investigation ongoing where my client is the victim.

“There is no viable opposition and it is quite clear that Mr McGinley should be bailed.”

Sergeant Jim Collins said he was not aware of any history between the parties concerned.

Judge Paul Kelly granted bail in McGinley’s own bond of €250. He is not to commit any further offence, is to have no contact with any witnesses in the case and to stay out of the vicinity of the other party’s home.

Judge Kelly told McGinley: “If you come across the complainants or any witness, turn and walk away; don’t engage in any way, shape or form or your bail could be revoked.”

The case was adjourned until November 23.

A mother-of-two has pleaded guilty to handling a range of equine equipment following a blaze which caused €250,000 of damage at a stables in Co Donegal.

Julie McCartney appeared at Letterkenny Circuit Court where she admitted handling the stolen goods which included four horse bridles, 13 harnesses, ten reins and one horse saddle.

Ms McCartney, aged 32, admitted the offence at Sea Breeze Apts, Shroove, Greencastle, on November 4 and 5, 2018.

The accused, from Edenmore Court in Derry, only spoke to say “guilty’ when the single charge was put to her.

Ms McCartney is not charged with any other offence in connection with the incident.

Gardai are still investigating the blaze at Lenamore Stables in Derryvane, Muff, Co Donegal on November 4th.

More than €250,000 in damage was caused following the blaze which resulted in the death of two showjumping horses, damage to the stables and also a Scania lorry.

The stables are owned by Geraldine Graham, one of the country’s best-known horse trainers.

Barrister for Ms McCartney, Mr Colm Smyth, SC, said Ms McCartney was currently receiving psychiatric care and requested a certificate for psychiatric attention.

He added that although his client had no previous convictions, he was requesting a Probation Report on Ms McCartney.

Judge John Aylmer agreed and adjourned the case for sentencing until the next sitting of the circuit court.

A retired Garda Sergeant claims he was attacked and beaten with a brush when he went to serve a court summons on a former town councillor.

Christopher Galligan said he was scratched, punched and beaten by Neil Clarke when he arrived at his home at Oldtown in Letterkenny.

Mr Clarke, aged 66, appeared at Letterkenny Circuit Court where he is charged with assault causing harm.

He denies the charge and says that Mr Galligan threatened him by entering his home while he was asleep around 6.30pm on September 1st, 2016.

He claims he was acting in self-defence after he found a man shaking his shoulder as he slept on his sofa.

Mr Galligan told the court that he suffered scratches to his face, a bump to his head and sore ribs following the alleged attack.

He said he arrived at Mr Clarke’s home at 6pm and knocked on the front door but did not get an answer.

He then knocked on the door of Mr Clarke’s ex wife’s house at the rear of the house and she directed him to the back of Mr Clarke’s house.

Neil Clarke

He says he then called Mr Clarke’s name and identified himself but there was no reply.

He then claimed that Mr Clarke came out of the back door of his house in a rage and he picked up a brush.

He claimed the accused then struck him a number of times on the head and back.

He said “He was in a manic rage and he came at me hitting me on the back and the head saying “You’re trespassing and I’ll f***ing kill you.

“He kept repeating this as he hit me. I kept pleading him that I had a bad back and that I was only serving documents,” said Mr Galligan.

He then alleged that Mr Clarke came in closer to him and punched him a number of times shouting “You bastard, you’re on my property.”

He claimed Mr Clarke also scratched him on the face but he finally managed to get Mr Clarke in a neck-lock and got up with blooding dripping onto his clothing.

Mr Galligan added that when Mr Clarke stood up he said to him “You (Mr Galligan) attacked me.”

The alleged victim then said he went to Letterkenny Garda station to make a complaint and then on to Letterkenny University Hospital where he was treated for his alleged injuries.

In his evidence, Mr Galligan admitted that he did not have a license to serve court summons but did have a license from Static Security, another personal security organisation.

He also admitted to writing to the Garda Commissioner asking about the delay in bringing the case to court.

Barrister for Mr Clarke, Pat Sullivan, said his client was awaiting a hernia operation, was on tablets and was asleep on the sofa when Mr Galligan entered his home.

He said that his client will say that he jumped up and managed to run about five or six feet before collapsing at his back door.

When later arrested and questioned at Letterkenny Garda station, Mr Clarke, a former Green Party Letterkenny town councillor said he did not know Mr Galligan.

He said a lot of people knew him but he did not know everyone.

Medical evidence was also given which showed that Mr Galligan had suffered scratches to the face and ears, an injury to his thumb as well as fractures to his ribs.

Garda Tina Fowley told the court that she was in Letterkenny Garda station when Mr Galligan came in to make a complaint just after 7pm on September 1st.

She said that Mr Galligan said he had been attacked by Mr Clarke whom he referred to as “the IRA man.”

Garda Fowley confirmed that she recognised that Mr Clarke was a person of interest during her policing duties in the early 1990s but said he had no previous convictions.

Asked by barrister Mr Sullivan if this was an added incentive to investigate Mr Clarke she said “Certainly not. The Peace Process was well established in 2016 and this was just a means of jogging my memory.”

The case before Judge John Aylmer is expected to continue tomorrow (THURS).

A BALLYSHANNON man has appeared in court charged with assault and criminal damaged following an incident in the early hours of Monday.

Liam Cullen (29), of Lawne Park, Ballyshannon, was brought before Letterkenny District Court.

He is charged with assault and with criminal damage to a house door worth €300

Gardaí gave evidence of the arrest, charge and caution of Cullen.

There was no Garda objection to bail.

Judge Paul Kelly granted bail in Cullen’s own bond of €250. He is not to commit any further offence, is to sign on twice a week at Ballyshannon Garda Station, have no contact with the alleged victim or any witnesses in the case and is to stay out of Lawne Park, Ballyshannon.

Solicitor for Cullen, Mr Rory O’Brien, said his client would reside with his brother at another address.

The case was adjourned until the October 16 sitting of Ballyshannon District Court.

A Judge has warned a “small-time drug dealer” from Glenties of the dangers of being in a system that also supports “evil and dangerous criminals”.

Judge Paul Kelly told 37-year-old Ryan Kellie of Mullantiboyle that it was “small-time dealers” like him who were part of a structure that supported “bigger ones”.

He said the defendant was down the chain from “evil and dangerous criminals” who use small-time dealers like him to get their product on the streets.

The defendant pleaded guilty to having cannabis for sale or supply at Gortnamucklagh, Glenties on April 18 last year.

A charge of possession of the drugs was struck out.

The court was told the defendant took evasive action at a garda station before he was stopped.

Gardai found three bags of cannabis in a lunch box.

In a further search of his vehicle, gardai found deal bags, two grinders and a small weighing scales.

The defendant’s mobile phone was switched off, but when turned on there were a number of messages asking to meet with him in Glenties “for the stuff”.

A sum of €271.20 in cash was also found in his car and the defendant made an early admission.

Inspector Denis Joyce said the defendant, who had no previous convictions, had turned his life around and was “going the right way.”

Defence solicitor Rory O’Brien asked the court to note the early plea.

He said his client had a drug addiction from his mid-teens until recently.

He had gone to White Oaks and has committed to getting all the necessary help there.

The defendant was off drugs for the past 16 months and the offence was at the lower end of the scale.

The defendant was a father-of-two and had fully co-operate with the gardai.

The solicitor asked the court if it would be possible to avoid a conviction.

After warning the defendant, the judge said he was adjourning the case until November for the preparation of Probation and Community Service reports.

A STRANORLAR man pleaded guilty to the sexual assault of a teenage girl.

Stephen Bradley (43) of Glebe Hollow, Stranorlar pleaded guilty to charges relating to an incident in April 2018.

Bradley followed a group of friends from Stranorlar to Ballybofey before sexually assaulting the young girl.

Bradley slid his hand all the way up her leg, squeezed the girl’s breast and then put his hand between her legs.

Bradley was arrested at his home in November 2018 and Gardaí conducted three interviews during his detention in the Garda Station.

A publication order had been in place in the case.

However, at Letterkenny District Court this week, following a submission by a member of the media, that order was lifted.

The victim, who was present in court, said she felt that it was better for Bradley to be named ‘for awareness’.

Barrister for Bradley, Mr Sean McGee BL, said his client wished to ‘unreservedly apologise to the victim’.

Bradley had €1,000 by way of compensation in court for the victim.

Mr McGee said: “He proffers this not as compensation but as some indication and sign of the sincerity of his apology for how he has wronged the young lady. He is an unemployed man and he can’t do any better. He has done what he can.”

Mr McGee said that Bradley had ‘reservations as to the precise extent of the offending behaviour’.

Mr McGee said: “He didn’t embark on a formal challenge so as not to put the young lady through the trauma of having to take to the stand.

“He pleaded guilty at a very early stage. He saved the State expense and court time and saved the victim the trauma of giving evidence and being cross-examined.”

A reference from Fr Patsy Arkinson, Parish Priest of St Mary’s, Sessiaghoneill, was submitted.

Mr McGee said: “Mr Bradley was open and forthright at all times. Alcohol was a significant factor in his lie and a central, profound factor in the offence. He has not come to negative attention since.”

The Probation Service measured Bradley at a ‘low risk’ of violent reoffending and a ‘medium risk’ of sexual reoffending.

Mr McGee said: “A central feature is a life of isolation.

“He has reduced his alcohol consumption considerably and that is an ongoing battle that he is addressing. There will be long-term consequences.

“The report provides a lot of hope, albeit certain assessments couldn’t be conducted.”

Judge Kelly thanked the victim for her detailed impact statement and said that the provision of the €1,000 by Bradley was not ‘by way of buying him out of trouble’.

Judge Kelly imposed a 12-month probation order on Bradley and directed that he attend all appointments and comply fully with all directions of the Probation Service. Bradley is to participate in an alcohol programme with the Probation Service.

Residents of Donegal and Mayo were the most law-abiding in Ireland last year and least likely to be sent to prison.

Figures from the Irish Prison Service show that 7,170 people were committed to jail in 2019 with sharp variations in imprisonment rates according to the county they came from.

Residents of some areas of the country were up to six times more likely to end up in prison than in others, according to an analysis of official figures.

Independent.ie report the highest rate of imprisonment occurred among those living in Limerick with 219 people jailed for every 100,000 of population.

Next highest was Longford with a rate of 203, followed by Dublin with 185 residents imprisoned per 100,000 of its more than 1.34 million population.

The national average was just over 132 with only six counties – Limerick, Longford, Dublin, Louth, Carlow, and Laois – exceeding that.

Of other major urban areas, Cork was just below average at 123 while the rate in Galway was 94.

At the other end of the scale, the rate of imprisonment was incredibly low in County Mayo where just 37 people were sent to jail for every 100,000 living there.

There was a jump then to Co Donegal, where the rate was 51 per 100,000. Next lowest were Kerry (77), Kilkenny (77), and Roscommon (78).

Among female prisoners, the difference from top to bottom was even sharper with a woman from Limerick – with the highest rate – twelve times more likely to be jailed than a woman with an address in Leitrim.

In fact, last year – only a single female with an address in Leitrim was sent to jail.

The rates of imprisonment among men were more evenly spread with Longford, Limerick, and Dublin having the three highest rates.

Overall, of the 7,170 people committed to jail last year, nearly 88% – or 6,276 – of them were male with only 894 women imprisoned.

According to the latest figures from the Irish Prison Service, there are currently just under 3,700 people in jail with a further 233 on temporary release.

The number of inmates being given temporary release has risen during the Covid-19 pandemic as prison management try to keep bed capacity operating at around 85%.

A Donegal woman was left paralysed after a car crashed into hers in a “ferocious collision” on the school run, the High Court heard today.

Sally Crossan, from Lifford, lost the function of all four limbs and was in hospital for 19 months after the accident four years ago.

Her barrister Liam Reidy SC, with Richard Lyons SC instructed by solicitor Pat McMyler, said the mother had dropped her son off at school and was on her way to Letterkenny and taking a turn right when the accident happened.

“It was a ferocious collision and her car was pushed back into the ditch,” counsel told the court.

She was in the vehicle for 35 minutes before being extricated from it by firemen.

Ms Crossan, counsel said suffered profound injuries including to the brain in the accident, but he said it was only later it was realised that for most of 18 months afterwards she had locked-in syndrome.

Her cognition was later found to be intact and she was able to learn and communicate with words.

Creche worker Ms Crossan, aged 57, of Glenfad, Porthall, had sued the driver of the other car Christine Henry, Greenhills, Manorcunnignham, and the Motor Insurers Bureau of Ireland (MIBI) as a result of the accident outside Lifford on February 9, 2016.

Against Ms Henry she claimed there was an alleged failure to steer a proper and safe course and an alleged failure to keep any or any proper lookout.

It was also claimed the other car was being driven at an excessive speed and there was an alleged failure to maintain control of the vehicle.

It was claimed against the MIBI that the accident was allegedly caused or contributed to by a large amount of oil on the roadway which it was claimed was caused by the actions of an untraced and unidentified motorist.

Mr Justice Kevin Cross was told that it was a distress for the Crossan family that liability continued to be at issue until this week. The case, Mr Reidy SC said, was now before the court for assessment of damages only.

Counsel said it was accepted that Ms Crossan was in no way responsible for the accident.

This afternoon, the judge was told the actions could be consolidated into one and had been settled. A separate action taken by Ms Crossan’s husband John, the court heard, was also settled. The terms of the settlements are confidential.

Opening the case, Liam Reidy SC said Ms Crossan had dropped her son Luke off at secondary school and was making her way to Letterkenny when the accident happened.

Ms Crossan was in hospital for 19 months after the accident and was not allowed home until September 2017. Counsel said she does not have function in any of her limbs and she has to be fed through a tube and needs 24-hour care.

Mr Crossan, he said, had given up his job to look after his wife.

Noting the settlement, Mr Justice Kevin Cross congratulated John Crossan on all he had done up to now in caring for his wife.

A former Green Party councillor has been found not quilty of attacking a former Garda Sergeant at his home in Letterkenny.

Christy Galligan, a former Garda with 30 years experience, was working as a summons server for a solicitor’s office in 2016 after he retired.

He went to the home of Neil Clarke at Oldtown in Letterkenny on September 1st at around 6pm to serve a summons in a family law matter.

However, when he arrived at Mr Clarke’s house he got no response.

Mr Galligan said that Mr Clarke suddenly came out of his house and attacked him with a yard-brush, hitting him in the head and back and then punching him as well as scratching his face.

Mr Galligan fled and attended both Letterkenny Garda station to report the matter and then on to Letterkenny University Hospital for treatment.

He said “He (Mr Clarke) was in a manic rage and he came at me hitting me on the back and the head saying “You’re trespassing and I’ll f***ing kill you.

“He kept repeating this as he hit me. I kept pleading him that I had a bad back and that I was only serving documents,” said Mr Galligan.

Former Garda Sgt Christy Galligan. Pic by Northwest Newspix.

Mr Clarke, now aged 66, appeared at Letterkenny Circuit Court where he was charged with assault causing harm to the former Garda.

The accused man, a former carpenter who served on Letterkenny Urban Council from 2003 until 2008, pleaded not guilty and claimed he was acting out of self-defence.

In his evidence, he said he was on heavy medication for a hernia in his groin and was asleep on the sofa on the night of the incident.

He told the court “I remember being awakened by someone tugging on my right shoulder. All I saw was the two whites of their eyes and I was terrified.

“The person had me by the throat and I was in fear of my life. I jostled with the person but I couldn’t see who it was.

“I chased the person out the back door and I was probably running on adrenalin,” he said.

Mr Clarke said he then collapsed while leaving the back door of his house and said the intruder ran off.

He added that he thought the person was ‘Eastern European’ but said he had never seen him before in his life.

He said he never reported the incident to Gardai but had later met a friend for a cup of tea and told him about it.

A medical report on behalf of Mr Clarke from local GP Dr Brian McColgan was produced in court saying he had been treated for a hernia and received an operation a month after the incident.

Another medical report was read out in court on behalf of Mr Galligan from Letterkenny University Hospital outlining injuries to his face, ribs and thumb.

Mr Galligan initially denied that he had contacted An Garda Siochana about the case.

However, he later admitted that he had contacted the Garda Commissioner to complain about the delay in bringing the case to court.

Barrister for Clarke, Pat Sullivan, instructed by Kieran Conway, told the jury that it was not conceivable that a man in such horrific pain awaiting a hernia operation could inflict such injuries.

He said the jury must have a reasonable doubt about Mr Galligan’s evidence including the fact that he had not been truthful about contacting Gardai about the case.

Prosecuting barrister Ms Patricia McLaughlin referred to the pictures shown to the jury of Mr Galligan’s injuries.

She said these were consistent with Mr Galligan’s account and that the pictures were inconsistent with what Mr Galligan said had happened.

The jury took two hours and 17 minutes to eventually find Mr Clarke not guilty on a majority verdict.

A GALWAY man who parked in a disabled bay while attending a takeaway in Letterkenny has been fined in court.

Patrick Cleary (23) of Glenn Bhan, Ballybane, Galway, was before Letterkenny District Court.

At 11.30pm on December 8, 2018, Gardaí observed a blue Hiace van parked in a disabled bay at Letterkenny Main Street. No badge was displayed on the vehicle.

Gardaí approached a man, who identified himself as Patrick Cleary and said the vehicle was his.

Cleary was unable to provide an explanation as to why he parked in the disabled bay. There were numerous other vacant spaces in the vicinity.

Cleary was in a nearby takeaway.

A fixed charge penalty notice was issued and was unpaid.

Judge Paul Kelly fined Cleary €400 and gave three months to pay.

A DONEGAL man who left his partner with ‘quite graphic’ injuries has been given community service.

Jordan McLean appeared before Letterkenny District Court on a number of charges.

At 6.45am on April 28, 2020, Gardaí responded to a report of a domestic incident at Gort na Greine, Letterkenny.

On arrival, Gardaí observed McClean topless in the garden and drinking from a bottle of vodka. He was intoxicated and threatened Gardaí.

McLean’s partner, who Gardaí said ‘was covered in blood and wad badly shaken’, said she had been subjected to a violent assault in the hallway.

Judge Paul Kelly said that images of the victim’s injuries were ‘quite graphic’.

The victim had a three-inch laceration above her right eye and was taken to Letterkenny University Hospital by ambulance.

The Court heard that the woman was punched above the left eye and was punched and kicked as she was dragged up the hallway. Her phone was also smashed in the incident.

Judge Kelly imposed a sentence of 80 hours community service in lieu of four months in prison.

After his arrest, McLean repeatedly spat in the patrol car and the cell with a cost of €100 required to clean the damage.

The criminal damage aspect was marked into consideration by Judge Kelly.

“He has engaged quite well with the probation service, Judge Kelly said. “He is described as low risk of violence and the way he engaged with the probation service seems to back that up.”

The course heard that in March 2017, McLean was searched and found with ten bags containing 22 grammes of cannabis, valued at €460. McLean made admissions that he had been selling the drugs.

Judge Kelly sentenced McLean to 60 hours of community service in lieu of three months in prison.

The community service sentences are to run consecutively.

Other public order matters were taken into consideration.

A DONEGAL man who was in an alleged breach of a protection order at his mother’s home has appeared in court. 

Ciaran Hughes (24), with no fixed abode, was before Letterkenny District Court charged with contravening a protection order at Thornberry, Letterkenny on September 24, 2020.

Gardaí received a report at 8.30am and arrived a short time later.

After being cautioned, Hughes made no reply. When later charged, Hughes told Gardaí: “I wanted my dole card.”

Garda McGee said that Gardaí were objecting to bail on the basis that Hughes had, in bail conditions laid down by the Court last week, been ordered to stay away from the address in Thornberry and be contactable by telephone at all times. Gardaí tried contacting Hughes and his phone was off and upon arresting the defendant his phone was also off.

Garda McGee said there had been ‘a number of previous incidents’.

Solicitor for Hughes, Mr Kieran Dillon, said his client attended the property to collect his dole card.

“He has no money or follow up,” Mr Dillon said.

“He is in receipt of benefit, which is paid to the Post Office in Greencastle. He needs his card in order to change that.”

Garda McGee said that Hughes’ mother woke to him banging on the door and she asked him to leave on a number of occasions and it was her understanding that she was to collect the payment and leave it for collection in Letterkenny.

Mr Dillon said: “He was anxious and hungry and desperate times mean desperate measures. She is still the go-to person to make things happen in his life. He is dependent on her and so we arrive at this difficulty today. The only reason that he was there was to get his dole card.”

Mr Dillon said his client had sourced an address at Fortwell, Letterkenny, but needed his payment in order to activate the new address.

Gardaí said that Hughes ‘caused no difficulty’ upon their arrival at the scene.

Gardaí outlined that Hughes’ was on her way to Greencastle to collect the payment.

“That woman is a saint,” remarked Judge Paul Kelly.

Mr Dillon said the episode was a ‘hiccup’ on his client’s behalf. “You don’t think when you should, sometimes,” he said.

Hughes told the court that he would now abide by ‘everything you ask’. “All I needed was my dole card and it won’t happen again,” Hughes said.

“This isn’t the first time that this version of events has arisen. It’s is never ending,” Judge Kelly said. “I told him in the mod explicit terms to stay away from Thornberry. He is causing his mother no end of grief. Prison is not the place for this young fellow, but there aren’t many options.”

Judge Kelly granted bail and ordered Hughes not to enter the Thornberry estate.

Judge Kelly adjourned the matter until September 28.

A LETTERKENNY man was found in possession of cannabis after being reported for knocking on doors in an apartment block has appeared in court. 

Brian Crawford (33) of Whitethorn Close, Letterkenny, was before Letterkenny District Court.

The court heard that on August 7, 2020, Gardaí received a report of a male knocking on doors in an apartment block at Rosemount Lane, Letterkenny.

Crawford was intoxicated and became verbally abusive to Gardai and other people who were present.

Gardaí believed that Crawford went to the wrong location thinking he was going to a party.

Upon being searched, an amount of cannabis, to the value of €25, was found on Crawford.

Solicitor for Crawford, Mr Frank Dorrian, said his client was a 33-year-old who had been abstinent from substances but had a ‘relapse’ during lockdown.

“He has had an otherwise blameless life and the matter is utterly regretted,” Mr Dorrian said.

Judge Paul Kelly said that if Crawford, who has no previous convictions, paid €150 to Letterkenny Youth and Community Club, he would strike the matter out.

GARDAÍ had to deploy petter spray during the arrest of a Castlefin man who became highly abusive.

Sean Gibson (31) of Hillhead, Castlefin, struck a Garda as he resisted arrest.

Gibson, Letterkenny District Cour heard, called Gardaí ‘corrupt c****’ and ‘f****** stupid’. He pushed Garda McCafferty, causing him to fall.  Gibson fell on top of the Garda and pepper spray had to be deployed.

Assistance was called as Gibson resisted arrest.

Garda McCafferty sustained muscular damage and had to engage in physiotherapy.

Mr Curley said his client, a father-of-two, should be viewed as ‘very much a work in progress’.

“A large part of his teens and into his 20s were characterised by alcohol and drug abuse,” Mr Curley said, “He is 31 and he’s now doing a course in horsemanship and will move to Roscommon to complete the next part.

“He has been off alcohol for a number of years and drugs for a year, There was a period before lockdown where he was back on drugs for three weeks; bar that, he has been off drugs for a year.”

Mr Curley said Gibson, who he said suffered ‘deep anxiety’ and is schizophrenic, had ‘an issue’ with authority.

“He recognises that and he has made great strides,” he said. “He has issues and he understands that his behaviour to the guards can’t continue.

“He understands that he is in danger and his actions are not appropriate. He has made great strides from where he was.”

Sergeant Jim Collins said Gibson attended the Garda station within the last couple of weeks to express concern for another young man.

“That shows that he is coming around,” Sergeant Collins said. “He has fought with a lot of demons.”

In adjourning the case, Judge Paul Kelly asked for a probation report and a community service report.

A Judge has ordered that a special court date be set to hear the separate cases of a former Senator charged with a hit and run and a priest charged with drink driving.

The cases are amongst a number which have been constantly adjourned at Falcarragh District Court.

Solicitor Sean Cannon has asked that the cases be heard in Irish and arrangements are now being made to hear the cases.

Judge Paul Kelly said he was adjourning the cases, five in all, until November 5th to name a date for their hearings.

He said the cases need to go ahead.

He said “We do need to get these cases on. They have been around for a long, long time.”

Garda Inspector Seamus McGonigle said he understood and said he accepted that it has taken a long time to make arrangements for the cases.

Brian O Domhnaill

The cases include that of former Senator Brian O Domhnaill, of Killult, Falcarragh, who is charged with a number of offences including drunk driving and hit and run.

The offences are alleged to have happened at Tullygay outside Letterkenny on September 2nd, 2013.

The cases also include Fr Denis Quinn of the Parochial House in Falcarragh.

Fr Quinn is charged with drink driving at Letterkenny’s Main Street on March 29th, 2014.

A man who brutally assaulted his girlfriend after downing a dozen pints of Guinness has been jailed for 18 months after he originally walked free from court.

Stephen Connor treated the woman to a brutal onslaught during which he repeatedly punched her in the face and threatened her with knives.

However, despite being sentenced to two-and-a-half years in jail, Judge John Aylmer decided to suspend the sentence a Letterkenny Circuit Court in Donegal in July, 2019.

Judge Aylmer said 43 year old Connor seemed genuinely remorseful and that the incident was completely out of character for him.

The Director of Public Prosecutions, represented by barrister Fiona Crawford, then decided to appeal what it called the undue leniency of the sentence.

And Connor was this week the Court of Appeal decided that Connor should serve 18 months in prison.

Judges Birmingham, McCarthy and Ni Raifeartaigh said there was an error in principle insofar as the sentencing judge placed too much weight on the mitigating factors leading him to fully suspend the sentence and that the sentence crossed the border from lenient to ‘unduly lenient’.

They specifically referred to the fact that a knife was used in the attack and had also pleaded guilty to three very serious offences of assault, false imprisonment and the production of  knife.

Connor, of Tuam, Kilrooskey, Roscommon had pleading guilty to all charges when he attacked Brid Pierce at Fortwell, Letterkenny on May 5, 2018.

Ms Pierce was found ‘visibly dishevelled with blood pouring down her’ by Gardaí, while knives were scattered on the floor and a clump of her hair found in a ziploc bag.

Connor had been in a relationship with Ms Pierce from November 2017-March 2018, but he continued to reside at the address as a Tennant. However, after Connor failed to meet rent and food payments, Ms Pierce evicted him from the property.

The Court heard that Connor returned to the house, picked up a small knife, saying ‘this isn’t a knife’ as he threw it into the sink. Connor then picked up another knife from a knife block, telling Ms Pierce, ’this is a knife’.

Connor knocked the knife block to the floor and pushed Ms Pierce against the cooker. As the victim reached for her phone, Connor kicked it away, saying ‘go on, call the guards, you don’t know who I am’.

Connor held Ms Pierce against the cooker with his forearm, making ‘threatening stabbing actions to her head’ before throwing her head against the press.

Connor cut Ms Pierce’s face and head. The victim, who told Gardaí that she could ‘feel blood all over my face’ attempted to bolt for the door.

Connor caught up with her, punching her to the back of the head. Connor repeatedly punched Ms Pierce, striking his victim so hard at one stage that he lost his own balance.

Ms Pierce told of her experience in a victim impact statement, in which she told how she now lives ‘off the euphoria of having escaped’.

“He did not say one word, it was silent, relentless battering while I shouted in vain for help,” she said.

In a single-page letter to the victim and her two sons, Connor said he was unable to forgive himself for what happened.

Judge Aylmer said Ms Pierce suffered a ‘very violent assault over a protracted period’.

“This is a case of fairly extreme domestic violence,” Judge Aylmer said.

“Ms Pierce was exposed to a protracted and fairly brutal onslaught during which she was repeatedly punched.”

In mitigation, Judge Aylmer said, Connor had presented himself immediately to Letterkenny Garda Station and appeared ‘genuinely remorseful’.

“It was a single, isolated incident of violence and appears to have been completely out of character,” Judge Aylmer said.

The only explanation, Judge Aylmer said, for Connor’s action was his highly-intoxicated state. Connor admitted that he had drank 12 pints of Guinness prior to the attack.

Judge Aylmer said Connor was class as a low risk of reoffending.

“His difficulties are with alcohol, related to significant psychological difficulties,” Judge Aylmer said.

The Judge said it was ‘an exceptional case of serious crime’.

He sentenced Connor to two and a half years in prison on the charge of assault causing harm. On the charges of making a threat to kill and falsely imprisoning Ms Pierce, Connor was sentenced to 18 months on each.

Judge Aylmer suspended the entirety of all sentences.

Connor entered into a bond of €100 to keep the peace and be of good behaviour for a period of two and a half years, during which time he is to refrain completely from alcohol and engage in addiction counselling.

However, that decision was overturned and the Court of Appeal ordered Connor to serve two and a half years but suspended the last year of that sentence.

A Donegal pensioner has been charged with rape.

The man, who is from West Donegal, has been returned for trial to Sligo circuit court, on one charge of sexual assault against a male under the Rape Act.

The man is charged that on a date unknown between October 1 1993 and June 1 1994, he sexually assaulted a male contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1990 as amended by Section 37 of the Sex Offenders Act 2001

The alleged offence happened at a location in county Sligo.

Garda Shane O’Rourke gave evidence of serving the Book of Evidence on the man, at Sligo District Court.

Sergeant Derek Butler applied for a return for trial on one charge to the next sitting of Sligo Circuit Court on October 6 at 10.30 am.

The court was told there was no objection to a bail bond of E300 in respect of the defendant, who was in court.

Defence solicitor, Mr James Hayes of Hartnett and Hayes solicitors, applied for legal aid and was granted one counsel for the circuit court trial.

The defendant was remanded on continuing bail until that date.

In returning the defendant for trial, Judge Kevin Kilrane said that nothing could be published that might tend to identify the defendant or the alleged victim.

A Donegal man has pleaded guilty to animal welfare offences after a dog and cat were discovered in a severe state of neglect.

Trevor Mahon, aged 35, of Tullyhorky, Ballyshannon, Co. Donegal pleaded guilty to charges under the Animal Health and Welfare Act 2013 (AHWA) at Ballyshannon District Court.

The case stemmed from an incident in February 2019 when the ISPCA assisted Gardaí from Ballyshannon Garda Station who discovered a boxer dog and a cat living in ‘filthy’ conditions and both were very underweight.

The animals were removed from a property and brought to a local veterinary practitioner for an urgent assessment. The boxer dog, later named Rosco, weighed only 20.4kgs and the eight year old cat, named Mindy, weighed just 2kgs. 

Roscoe at the time of rescue. Photo: ISPCA

Roscoe following his rescue. Photo: ISPCA

Judge Kevin Kilrane ordered Trevor Mahon to pay €832.00 in costs to the ISPCA and to make a voluntary contribution of €300 to the charity, to be handed into the court for the 6th November 2020. 

Judge Kilrane indicated that he will apply the probation act and said: “upon viewing the photographs of the living conditions inside the property, these animals were living in an outrageous state of filth and the ribs were protruding on the dog. This case no doubt has caused embarrassment to the defendant”.

After initial veterinary treatment, both animals were taken to the ISPCA Donegal Animal Rehabilitation Centre (ARC) and were subsequently surrendered into the care of the ISPCA.

ISPCA Centre Manager Denise McCausland said: “Rosco was dangerously underweight on arrival with his ribs and hip bones protruding but his gentle and sweet nature shone through almost immediately as he rewarded us with a waggy tail. We knew this lovely boy was going to thrive with care and attention. Although Mindy didn’t appear as thin, she was in fact very underweight and relished good food and attention she received on arrival. It would be a long road to recovery and we were ready to get started”.

Rosco made a full recovery but sadly, Mindy did not respond to veterinary treatment for feline infectious peritonitis and a suspected tumour, and was put to sleep based on veterinary advice some weeks later.

Roscoe during Rehabilitation at the ISPCA

ISPCA Senior Inspector Kevin McGinley added: “I would like to thank Garda Niall Barnicle of Ballyshannon Garda Station for leading the initial investigation which led to a prosecution and that breaches of AHWA are taken seriously”.

“Sadly these rescue cases are not rare”, said Kevin. “ISPCA Inspectors continue to work on the frontline tackling animal cruelty and coming to the aid of cruelly treated, neglected and abused animals in need. Many of the animals we have seized have been in our care for over a year, while we wait for cases to be heard in court. We are experiencing further delays in the judicial system due to COVID-19, which puts extra pressure on our resources”.

Kevin added: “We are continuously responding to calls about animal cruelty, neglect and abuse made to the ISPCA National Animal Cruelty Helpline on 1890 515 515. Thankfully Rosco made a full recovery but it took twenty weeks of rehabilitation and care at the ISPCA Donegal ARC before Rosco could be responsibly rehomed. Looking after an animal for this long, takes a lot of time and money. The staff and volunteers at the centre work tirelessly to improve the lives of so many animals rescued across Donegal”.

The ISPCA depends on public donations to continue our vital work rescuing, rehabilitating and responsibly rehoming hundreds of vulnerable animals that desperately need our help and worryingly, many of our fundraising activities have been cancelled or postponed, so kind donations from animal lovers are more important than ever.

If you can, please help us continue our vital work rescuing and caring for vulnerable animals.

By donating today, you can help more dogs, just like Rosco find a new home where he will be loved and cared for, for the rest of his life.