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TWO WOMEN CHARGED WITH ARSON OF DONEGAL HOMES BELONGING TO DANA’S BROTHER

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Two Donegal women have been charged with setting fire to houses belonging to the brother of singer and former Presidential candidate Dana.

Letterkenny court.

Letterkenny court.

The cases of the two women, from Newtowncunningham, was mentioned at Letterkenny Circuit Court yesterday.

The first woman, Donna Kildea, 29, is charged with arson at Colehill, Newtowncunningham on August 29, 2011, the property of John Brown.

Her barrister Fiona Crawford asked for the case to be adjourned until July.

The other woman, Stacey Doran, who is 29, faced two charges.

Ms Doran, of Ballybegley, Newtowncunningham, is accused of arson at a property on Main Street, Newtowncunningham on April 15, 2011, the property of John Brown.

She is also charged with arson at Colehill Newtowncunningham on August 29, 2011, also the property of Mr Brown.

Judge Keenan Johnson remanded both women to appear again at Letterkenny Circuit Court on July 16 next.

Mr Brown did not appear in court for yesterday’s hearing.

At a previous hearing at the District Court Ms Kildea’s solicitor Ciaran O’Gorman applied for legal aid for counsel.

He said that “these offences can attract a term of imprisonment of up to 14 years and in this case we are talking about damage caused of between €120,000 and €150,000.”


DEFENDANT DID HAVE MEDICAL CARD, COURT TOLD

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gavel1A JUDGE has expressed his annoyance at learning today that a man who had claimed he couldn’t take medication because his medical card had been taken off him did indeed hold a medical card.

Letterkenny Circuit Court was told yesterday that Joe McGranaghan has serious psychological issues.

But despite this he has been without his medication since January, his lawyers had told the court.

Judge Keenan Johnson said yesterday he was giving the HSE 24 hours to explain the reasons for the decision.

But today the judge was told that Mr McGrenaghan’s medical card had NOT been withdrawn.

Lawyers, who said they were acting on instruction in the case, apologised to the judge.

Judge Johnson expressed his concern that the case had been misrepresented to him.

 

SHOP ASSISTANT SAT ON ARMED ROBBER UNTIL GARDAI ARRIVED

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A serial robber was caught after a shop assistant disarmed him and sat on him until the Gardai arrived.

Michael O'Connor leaving court yesterday.

Michael O’Connor leaving court yesterday.

Michael O’Connor, 27, tried to rob the Glencar Filling Station in Letterkenny with a six inch knife.

He shouted at shop assistant James Doherty to give him the money and threatened him with a knife.

However, Mr Doherty managed to overpower the armed robber and lay on top of him until Gardai arrived during the incident on March 30th, 2013.

Once arrested O’Connor, who was wearing socks over his shoes to avoid his footprints being detected, then admitted to robbing another shop on Letterkenny’s Main Street.

Letterkenny Circuit Court was told by Garda Paul McGee that the previous week on March 24th, O’Connor entered Callaghan’s XL store wearing a balaclava and waving a six inch knife.

He demanded the money from the cash register from shop assistant Aidan McLaughlin who put €759 into a bag.

O’Connor fled down a side lane and was later stopped by Gardai but the cash was never recovered.

The court heard that O’Connor, who is originally from Kildare, had 43 previous convictions many for robbery.

O’Connor’s barrister said his client had grown up in a very challenging environment after his mother died and father left the family home at a very young age.

He had been put into foster care but had since become a heroin addict.

He is currently in Portlaoise Prison serving another sentence but is now drug-free and working in the prison and doing well.

Judge Keenan Johnson said robberies by heroin addicts with violence are all too common and they the courts must “deal with them in a firm way.”

“He has a deplorable record which shows he has been involved in numerous robberies,” said Judge Johnson.

But he added he appeared to be trying to become an upstanding member of society.

He sentenced O’Connor to four years in prison on the first robbery and five years in prison for the second robbery but suspended this for five years.

TD DOHERTY WELCOMES NOWDOC U-TURN ON EMERGENCY CALLS

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Pearse Doherty DailSpeaking today after receiving a personal confirmation from the Area Manager of the HSE that the changes to the Standard Operating Procedure for NowDoc has been scrapped, Sinn Féin TD for Donegal South West, Pearse Doherty said: “The statement released by the HSE this morning was ambiguous and suggested that the changes to the Standard Operating Procedure for NowDoc had not taken place.

“After receiving the statement I spoke personally with the Area Manager of the HSE in order to receive clarification. During the conversation I received confirmation that the procedure had been in place but was now withdrawn and the normal operating procedure was in place.

“In effect this means that the Doctor on call is now in a position to attend to emergency life threatening calls along with ambulance personnel and other emergency services.

“While I am delighted that the HSE has reversed the introduction of the new procedure, which could have resulted in tragedy, I am disappointed that this change had been introduced in the first place without public knowledge or full consultation.

“It is also fortunate that a serious incident did not occur in the county during the past 48 hours when these procedures had been in place.

“I understand that discussions are ongoing with the National Ambulance Service in relation to the appropriate response procedures for emergency calls, which could result in changes to the procedures.

“ I will be monitoring this situation closely to ensure that any changes introduced will be in the best interests of the patient. This reflects the personal commitment that I received from the HSE last year that the introduction of CareDoc would not change the quality of service offered to patients here.”

 

MAN APPEARS IN COURT AFTER DRAMATIC CAR CHASE ACROSS DONEGAL

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A man has ben remanded to Castlerea Prison after a car chase from Sligo to Ballybofey last night.Garda

The 19 year old appeared at Letterkenny District Court for a brief appearance.

The court heard the man had been involved in a pursuit with Gardai before being apprehended in Ballybofey just before 11.30pm.

The man was arrested and taken to Letterkenny Garda station.

It is understood the man had been attending Sligo General Hospital and stole the a car form the car park of the hospital.

The man, who is already before the courts, was placed under medical supervision at the prison and will appear again on Monday next at Letterkenny District Court.

 

MAN WHO RETURNED FROM AUSTRALIA FINED €5,000 FOR DANGEROUS DRIVING

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A Donegal man who was forced to return from Australia to answer an appeal against dangerous driving charges has had his sentence dropped but fined €5,000.

Down Under: Glenn Alcorn

Down Under: Glenn Alcorn

Glen Alcorn, 28, had to appear in person after Judge Keenan Johnson warned his solicitor that her client should turn up in person in court.

Alcorn, who lives in Perth, appealed the case to the circuit court in Letterkenny but never turned up himself.

On reviewing the case, Judge Johnson described it as one of the worse of dangerous driving he had witnessed and advised Alcorn to come back from Australia with a good wallet of money with him.

Alcorn, of Renny, Lettermacaward turned up in court yesterday and told the court he was currently employed in Australia and planned to aply for citizenship there.

“I have appealed the sentence. I have applied for residency and it doesn’t look good for my record. I intend to live there for the foreseeable future,” he said.

He also produced references in court.

The court previously heard that Alcorn was convicted in the district court on four charges of dangerous driving and one charge of failing to stop for Gardai on April 7, 2010.

The offences involved Alcorn driving at speeds of up to 160km/hr on rural roads in the townlands of Menagowan, Farrigans, Renny and Toome.

He was also convicted of failing to remain at the scene.

Gardai had attempted to arrest Alcorn, but couldn’t because he was driving so dangerously and so fast, the Circuit Court heard.

He also had a conviction for dangerous driving in 2007. He was disqualified from driving for two years on that occasion.

However having listened to the plea, Judge Johnson said he was prepared to remove the suspended sentence and give Alcorn a chance.

He fined him a total of €5,000 and gave him 12 months to pay.

“I don’t think it would be fair that this hangs over you and I think you have learned your lesson,” he added.

 

 

YOUNG MOTHER’S SUICIDE ‘COULD HAVE BEEN PREVENTED’– SOLICITOR TELLS INQUEST

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Damien Tansey

Damien Tansey

A young Donegal mother’s suicide could have been prevented had there been an ‘appropriate response’ from her doctor, a solicitor for her family has told an inquest.

Margaret Morahan 45, from Glassagh, Gaoth Dobhair took her own life on the 9th of January 2013.

Her husband John Morahan had been working for Largo Foods in Ashbourne, Co.Meath when he received an alarming text message from his wife.

In the text was an attachment e-mail in which she was sending to her former employers Aras nursing home in which she was threatening to self-harm.

Her husband immediately returned to Donegal gettting a flight from Dublin Airport to Carrickfinn.

He immediately went to Dr Anthony Delap’s practice. When he arrived at the surgery there was a significant queue and he was told he would have to wait to see Dr Delap.

The inquest was told that Mr Morahan waited over an hour before he eventually got to see Dr Delap and explained the situation with his wife. He also showed him the worrying text message she had sent.

He asked the doctor to ‘section’ his wife – sign her in for psychiatric care – as he seriously feared she was going to self-harm.

Dr Delap told Mr Morahan he had made the right decision in coming home and told him to return home to his wife and bring her into the surgery.

Mr Morahan returned home but his wife refused to come in. He then telephoned the surgery and left a message with Dr Delap’s secretary.

He then rang the emergency number several times but he never got a return call.

That night the couple went to bed but during the night Mr Morahan woke up and found his wife had gone. He got up to look for his wife and saw that the back door was wide open.

He went outside to look for his wife and went to his father’s house which was situated just 50 metres from their home house. It was there he found his wife who had unfortunately taken her own life.

Mrs Morahan had been suspended with full pay from her job as a nurse at Aras nursing home in Gweedore following alleged misconduct in March 2012.

A subsequent hearing into her suspension was launched and she was dismissed from her position.

She appealed the decision but again it was dismissed and she officially lost her job in December 2012.

The inquest was told the mother of three was left “utterly devastated” by the decision and was distraught she had lost her job.

Dr Delap told the inquest that Mrs Morahan had visited the surgery twice in 2012 visiting him once.

That was in November 2012, Dr Delap said.

“We discussed the difficulties she was having in work when she visited me,” he said.

“But I was unaware she had been dismissed from her job until her husband visited me on the 8th of January.

“She also never disclosed any details that she was suffering from depression.”

The inquest heard how Mrs Morahan was on a significant amount of medication prior to her death.

The manufacturers of some of the medication had indicated that anybody on such medication should be ‘monitored’ regularly.

Mrs Morahan had trouble sleeping and also suffered from chronic back pain the inquest was told.

It also heard how she was prescribed anti-depressants in 2007 following two miscarriages.

Dr Delap told the inquest that Mrs Morahan was on Cymbalta which is used to treat major depressive disorder and general anxiety disorder.

Cymbalta is also used to treat fibromyalgia (a chronic pain disorder), or chronic muscle or joint pain (such as low back pain and osteoarthritis pain) and that’s what she was using it for, Dr Delap told the court.

Damien Tansey responded by saying, “You’re aware she’s in trouble with her job, and had a history of depression. Would you not consider that as a trigger for depression and anxiety?”

It was also revealed that the dosage of Cymbalta was doubled prior to her death.

A text message she sent to a friend was read out in the court.

It read: “Doubled my dosage of medication to help me sleep, struggling to drag my carcass out of bed in this horrible weather, I think I misplaced my mojo.”

In his concluding statement Damien Tansey said: “This is a tragic event, John lost his wife, and now he and his three children are left to pick up the pieces. That is a challenge of gigantic proportions.

“I would urge you to hold the account given by John Morahan as compellingly truthful.

“It is clear that John Morahan told Dr Delap what the text contained and asked him to certify his wife to protect her from herself.

“There are real live dangers associated with the use of these drugs that were prescribed to Mrs Morahan.

“The manufacturers indicate that patients prescribed the medication must be monitored closely and this didn’t happen.

“Giving out prescriptions of these drugs ‘willy nilly’ for six months at a time is not good practice.

“It flies in the face of the instructions outlined on the product, patients should be monitored and caution should be exercised. This didn’t happen, and in fact the dosage was doubled.

“When someone asks the doctor for their wife to be committed that doctor should respond appropriately.

“What more could John Morahan have done on that day, he couldn’t do anymore.

“In my respectful opinion the verdict should be death by misadventure, that is the proper verdict when somebody is exposed to risk and suffers as a consequence of that risk.”

Solicitors representing Dr Delap concluded by saying, “Mrs Morahan was prescribed anti-depressants in 2008 for the last time and at no stage did she voice concerns about depression.

“She visited him two months before her death but never disclosed deatils of her depression

I’d asked you to accept Dr Delap’s evidence that she was on Cymbalta for two years due to chronic back pain.

“I’d ask you to accept the testimony given by the pathologist, the post mortem found no drugs in Mrs Morahan’s system and the verdict should be returned as suicide.

The inquest was adjourned until next Tuesday.

 

FAMILY FORGIVE DANGEROUS DRIVER WHO ALMOST KILLED THEIR DAUGHTER

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A family has forgiven a speeding driver who almost killed their daughter when he caused an accident which left the 3 year old fighting for her life.

Letterkenny court.

Letterkenny court.

Michael Doherty was just 25 when his jeep caused a crash with another car being driven by Liam Doherty in Clonmany, Inishowen in May, 2011.

His daughter Cassie was severely injured in the crash with fractured vertebrae, a ruptured spleen and internal bleeding  and was left in a body cast for several weeks.

She spent several days in Crumlin’s Children’s Hospital and then in Letterkenny General Hospital.

Mr Doherty, now 28, and a stone sculptor, remembers nothing of the crash but pleaded guilty to dangerous driving causing serious injury to the child.

Although he remembers nothing of the crash, he accepted that he was speeding on the evening of the crash on May 15th.

Garda Declan McBride told Letterkenny Circuit Court that Mr Doherty had crossed over to his wrong side of the road forcing Mr Doherty to take evasive action before crashing into a tree and bouncing back to strike the other vehicle.

Garda McBride said Cassie Doherty, now 6, has made a full recovery and is a normal little girl.

He also told the court that the little girl’s family wanted to tell the court that they held no ill feeling towards Michael Doherty.

Indeed the court was told that Mr Doherty had suffered emotionally as a result of causing the little girl’s injuries.

He had visited her in hospital and had brought her a teddy bear and apologised to the Doherty family.

However, it was revealed to the court that Mr Doherty, who works for North West Memorials, has four previous convictions including one for dangerous driving.

Judge Keenan Johnson said he was happy that little Cassie had made a full recovery and commended the courage shown by the Doherty family in forgiving Michael Doherty.

He said he appreciated he was very remorseful and commended his actions in visiting little Cassie in hospital.

He said “These were catastrophic injuries – a fracture to spine – but thankfully she has made a full recovery and that’s the main thing .

“It is quite clear from the probation report that he has suffered enormous remorse. I am also impressed that he didn’t shy away and went to see her and it shows he has a human and caring nature.

“He has accepted it is dangerous and I give him credit for that. I sincerely hope that Dohertys are able to move on and it seems they have.

“There was the element of speed and it is obvious he was traveling too fast on a minor road. He lost control and result was a serious crash. However I am impressed by testimonials and it is clear he is a talented monumental sculptor. There is also a very low risk of reoffending and he is unlikely to see inside of courts again.”

He jailed Doherty for four years but replaced it with 240 hours community service in lieu of the jail sentence.

He also ordered him to do a Pro Social Drivers programme and disqualified him from driving for six years.

 

 

 

 

 


JUDGE ORDERS PROBATION REPORT AFTER PUNCH-UP AT ‘THE GRILL’ OVER ‘GAY’ SHIRT

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gavel1ONE man suffered a broken jaw and another man bruising after a punch-up in a Co Donegal nightclub sparked by homophobic comments about a shirt, a court has heard.

Two men from the county appeared at Letterkenny District Court, each contesting assault charges arising out of an incident on the night of August 15, 2012.

A Garda investigation was launched when Michael McDevitt, Drury Road, Kerrykeel, made a formal complaint of assault to officers at Letterkenny on August 24, 2012.

He had suffered a serious blow in the incident nine days earlier and was later transferred from Letterkenny General Hospital to Altnagelvin in Derry where he underwent surgery to repair a broken jaw.

A metal plate and six bolts had to be inserted into his jaw.

Adam O’Donnell, a 22-year-old apprentice toolmaker from Castlewray, Letterkenny, later admitted punching McDevitt, but insisted it was in self defence, and only to protect his younger brother Mark who had been accosted by McDevitt who had made references to his clothes and his “gay shirt.”

After hearing evidence from both men, Judge Paul Kelly convicted McDevitt of disorderly conduct in a public place, relating to his comments to Mark O’Donnell.

He also convicted both McDevitt and Adam O’Donnell on assault charges.

Inspector Michael Harrison said he felt “sad to have to prosecute this case” of two young men with no previous convictions.

The inspector said that on the evidence given to the court it was clear that Adam O’Donnell saw that his brother was frightened and he went to look after him.

Michael McDevitt was throwing insults at the young man Mark, he said, and his brother went over and intervened and an altercation took place.

Judge Paul Kelly agreed. He said the disorder in a public place – the insults to Mark O’Donnell – was proved.

He said there was some type of lunge by McDevitt on Adam O’Donnell in which he received a minor injury. Adam had retaliated resulting in life-changing injuries for Mr McDevitt, a 20-year-old student who worked as a kitchen porter at the Rathmullan House Hotel.

“It’s a sad state of affairs when two very young men end up before the courts in a most unsavoury incident,” said Judge Kelly.

He said the incident was started by McDevitt “who must have been in a state of considerable intoxication” having consumed two pints of bulmers and a half a bottle of vodka before going to The Grill and then six vodkas and two Jagemeisters on the premises.

He said McDevitt’s claim that he “wasn’t too bad” was “totally lacking in any credibility.”

Judge Kelly said: “He was extremely intoxicated and he couldn’t be anything other than extremely intoxicated.

“He subjected Mark O’Donnell to extremely offensive insults and his brother Adam had intervened. The incident escalated almost instantly and I am satisfied they struck each other.”

The judge said he was all too aware of fatalities occurring where a single blow has been thrown.

“Young men in particular seem to have no regard for how a single blow can have catastrophic consequences,” said Judge Kelly.

The judge said it was his view that long term implications for their future should be avoided where possible.

He asked for probation service reports before passing sentence.

The case was adjourned.

 

JURY NOTICE: LETTERKENNY CIRCUIT COURT

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JURY NOTICE: The jury panel for Letterkenny Circuit Court tomorrow (Friday) is NOT required to attend.

 

CORONER’S WARNING AFTER 2 MEN DIE AND THIRD TAKEN TO HOSPITAL AFTER DRINKING ‘CONTAMINATED’ ALCOHOL

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Coroner John Canon

Coroner John Cannon

URGENT BREAKING NEWS: THE Co Donegal coroner has issued an urgent warning after two men died and a third man was rushed to hospital after consuming contaminated alcoholic drinks.

John Cannon was speaking after he opened the inquests into the deaths of two men. The third man was treated at Letterkenny General Hospital.

He believes the drink was either poitin or contraband ‘fake’ drinks.

Mr Cannon made the public warning, fearing that other people may consume alcoholic drinks contaminated with deadly chemicals, and most likely illegally-made or contraband products.

The cases related to Denis Boyle, of Belcruit, Meenbanad, Burtonport who died on December 18 2013 and Rimantas Grigaliumas, also of Meenbanad, Burtonport, who died three weeks ago on March 13.

The Coroner was concerned that the cause of death in both cases were similar in being alcohol related with an exceedingly high level of poisonous contaminant.

The evidence given at the inquest held in Letterkenny by investigating Gardaí stated that both men had been drinking heavily immediately before their deaths.

The Coroner said the toxic and poison range of Methanol is 100-125 mg/dl and in one of those deaths the Methanol level was five times higher – at 585mg/dl.

Sergeant Bridget McGowan indicated to the court that a third person had been admitted to Letterkenny General Hospital and Garda investigations are continuing but it was believed this serious illness may have also been caused by Methanol or some other contaminant.

Coroner Mr Cannon stated: “The fact that such substance such as methanol and other toxic ingredients are used to either corrupt or debase or make impure an alcoholic beverage to pretend a taste or potency of its quality in order to make it more marketable in an unlawful underground market is potentially lethal and dangerous to public health.

“The toxicological analysis of the sample analysed by the State Laboratory in relation to these deans is catastrophically alarming and it is important that the public is aware and warned of the existence of poisonous alcohol availability in the public place.

“This potentially catastrophic alcohol is either a home brew, like poitin, or it may be available as cheap illegally imported alcohol with the pretence of conventional branded names of well known distilleries. It appears to be easily obtained and as such is a serious public health issue.

“There are almost twice as many deaths due to alcohol in Ireland compared to all other drugs combined. More than 100 deaths every year in Ireland are directly attributable to alcohol. In 2012 4015 people aged under 30 were discharged from hospital with chronic diseases which were alcohol related. It behoves us to highlight and warn the general public on such matters.”

 

‘WE NEED MORE ANSWERS ON FERRY CASE’– VICTIM

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Donal O Loinsigh

Donal O Loinsigh

THE victims of paedophile school caretaker Micheal Ferry say they’ve been left with too many unanswered questions following the publication of a HSE investigation into the scandal.

Yesterday morning we revealed how social workers failed to properly investigate Ferry after his conviction in 2002 for the abuse of a boy at Ardscoil Mhuire in Gaoth Dobhair.

As a result, and as a result of many failure elsewhere, Ferry went on to abuse more boys on the premises until he was arrested there EIGHT YEARS LATER. Victims say they are deeply unhappy and disturbed that no-one at Colaiste  Cholmcille has been held accountable whatsoever for their actions  - and inactions – during the scandal.

The DPP says they did nothing wrong and will not face any criminal prosecution whatsoever. The directors have consistently denied any wrongdoing, insist Ferry was not ‘employed’ there.

One of those directors – Donal O Loinsigh – was in court in October 2002 when Ferry pleaded guilty to sickening attacks on a young boy. Mr O Loinsigh heard a judge put Ferry on the sex offenders register for SEVEN years.

Mr O Loinsigh would have been familiar with child protection issues having worked as a teacher for many years in Terenure, Dublin.

Yet Colaiste Cholmcille continued to pay Michael Ferry as caretaker of their Ardscoil Mhuire premises.

“How can the directors say he wasn’t working there when Mickey Ferry was arrested on the grounds of the college in 2010,” asked Derek Mulligan, the young Gaoth Dobhair man who has bravely spoken out on the affair since Ferry was jailed in 2011 for 14 years for abusing him and three other boys.

“It was known locally he was working there. The HSE now says they shouldn’t have taken the word of the directors and acted appropriately.

“Why weren’t the victims interviewed by gardai in relation to their DPP investigation? I wasn’t and I know others weren’t either? I’d like to get some clarification on that..

“On reading the findings of the HSE report I find it incredible that the DPP found no grounds to prosecute the directors. Why aren’t we getting the promised Garda report that alan shatter promised us in 2012?

“We are now taking legal advice on how we deal with the DPP decision. We will have to take Ireland to the European Court of Human Rights now because it looks like there is no justice in this country.”

Michael Ferry was seen with young college students in Dunlewey in April 2006. The person who saw him is the sister of the first victim (in the 2002 case). She made a formal complaint to Gardai. The HSE has no record of this complaint. Gardai did call a college director to once again warn that Ferry was a paedophile.

At this time Michael Ferry was continuing to abuse children in both Dunlewey and in Gaoth Dobhair.

“We want answers,” said Derek Mulligan.

“We are going to get them.”

 

MAN COUNTED FLOWERS ON CURTAINS TO SHUT OUT ALLEGED SEX ABUSE BY UNCLE

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A 35 year old married father-of-four broke down in court yesterday as he told how his uncle allegedly abused him in Downings more than 20 years ago.

Letterkenny court.

Letterkenny court.

Patrick Cunningham has waived his anonymity against his uncle Samuel Cunningham.

Patrick Cunningham claims that he was sexually assaulted by his uncle Sam between December 1st, 1993 and January 1st, 1994.

The alleged victim sobbed in court as he recounted the night on which his uncle allegedly abused him.

He had traveled to the holiday home in Rosguill on the Atlantic Drive to carry out some repairs on the house with his uncle.

He said he was forced to take off his clothes after spilling water from a bucket on them.

He said his uncle told him to get under some blankets on a makeshift bed on a sofa and then abused him.

He claims he fondled him and was also forced to put his penis in Sam Cunningham’s mouth.

He said he tried to count flowers on the curtains of the house and think of his dead grandfather so as to not become aroused when being allegedly abused by Sam Cunningham.

Sam Cunningham, of Glenside Road, Dunmurray, Belfast has denied any of the events ever took place.

The case, before a jury of eight men and four women at Letterkenny Circuit Court, continues today.

 

URGENT COURT NOTICE TO JURY MEMBERS

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The jury panel called for Letterkenny Circuit Court next Tuesday, April 8th, 2014 are NOT required to attend until Wednesday, April 9th at 10.30pm.

Letterkenny court.

Letterkenny court.

 

 

RETIRED FARMER SAID HE WOULD HAVE SHOT HIMSELF IF HE THOUGHT HE ABUSED NEPHEW

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A retired farmer accused of sexually abusing his nephew said he would have shot himself if he thought he had committed the offence.

Retired farmer Sam Cunningham denies he was event at house in Downings during alleged assault.

Retired farmer Sam Cunningham denies he was event at house in Downings during alleged assault.

Samuel Cunningham, 66, is accused of four counts of sexual assault against his then 14 year old nephew at a holiday home in Co Donegal in 1993.

The alleged victim, Patrick Cunningham, now a 35 father-of-four, claims he was assaulted when he went to do repairs with his uncle on the holiday home at Rosguill, Downings.

Patrick Cunningham says he was fondled and that his uncle performed oral sex on him at the farmhouse.

However Samuel Cunningham stressed “There is no way on this earth I would have done that to any young person. If I thought I had done that I would have taken myself out the back and shot myself.”

The alleged victim, who waived his right to anonymity, claims the alleged sexual assaults were sparked when water was splashed on his trousers when they were fetching water from a well.

“He told me to take off my clothes because I would get a flu. He then made a makeshift bed on a sofa.

“He said there were only a few blankets in the house and told me to get in beside him,” he said.

Mr Cunningham then alleged the four assaults took place.

Sobbing in the witness box at Letterkenny Circuit Court today, he said he counted flowers on some curtains and thought of his dead grandfather to block out the pain and stop himself getting an erection.

Patrick Cunningham said he kept the assaults to himself until a number of years later when he told his cousin Seamus.

He said he became introverted after the alleged assaults.

He also partially blamed the assaults for falling in with the wrong crowd and eventually being convicted of two armed robberies in Northern Ireland.

However the accused, Sam Cunningham, denied that any such assaults ever took place.

In fact, the retired farmer from Glenside Road, Dunmurray in Belfast, said he always spent the New Year period at his late wife Rose’s family home in Cavan.

He alleged that his own son Francis along with the alleged victim Patrick and his cousin Seamus had now formed a “team”.

“This is the worst thing I have ever witnessed. The devastation to the family who have been turned upside down has ben unbelievable.

“The only thing I can think of is that the want to keep me away form my farm,” he said.

A niece of Mr Sam Cunningham, Mrs Doreen Robinson, said she does not believe the holiday home was even in the possession of the family claiming it had been sold in 1992

She also said she not believe the allegations against her uncle.

“I don’t believe it. A paedophile does it over and over again and doesn’t stop after just once,” she said.

The trial before a jury of eight men and four women continues before Judge Keenan Johnson on Tuesday next.

ALL COMMENTS ON THIS TRIAL WILL NOT BE PUBLISHED AS THE CASE IS ONGOING.


STUDENT ‘EDITED TRANSACTIONS’ TO STEAL MORE THAN €4,000 FROM ANIMAL HOSPITAL

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A young student who was working in a vet’s practice stole more than €4,000 on 77 different occasions.

Money was taken from till on 77 different occasions.

Money was taken from till on 77 different occasions.

Conor Byrne managed to by-pass the till system at the Animal Hospital in Lurgybrack, Letterkenny, Co Donegal between May, 2009 and December 2010.

Byrne, 23, was ‘editing transactions’ so it appeared that the takings at the practise was never out.

However, after a period of time the owner of the practice Gerard Roarty noticed that the profit margin was dropping.

He alerted Gardai who carried out a full investigation into the case.

Garda Greg Regan said he contacted VetSCOPE who operated the tilling system at the hospital and Byrne, of Drumdoit, Castlefin, was interviewed.

He made a full admission when confronted about the thefts which amounted to €4,064.48.

Letterkenny District Court heard from Byrne’s solicitor Pat Fahey that his client had suffered a brain tumour and was hard of hearing.

He said that greed had got the better of him and the more he got away with the thefts, the more he carried out.

He said he was now a student at Sheffield University studying Radiotherapy and one of the reasons for that choice of subject was because he had suffered a tumour.

Mr Fahey asked Judge Paul Kelly not to do anything that would interfere with Byrne’s study saying he had no previous convictions and that his family had never been in trouble before.

“I know it is a tall request but can I ask that it may be dealt with by way of a charitable donation,” said Mr Fahey.

He also said his client had a cheque in court to pay for all the cash he had stolen from the Animal Hospital.

However, Judge Paul Kelly pointed to the fact of the large number of actual thefts and the period of time in which the cash was stolen.

“That’s a difficult proposition,” said Judge Kelly.

He asked for a probation report to be carried out on Byrne and released him on his own bail of €500 until a month’s time.

 

 

SKIPPER OF ARRANMORE FERRY IS BANNED FOR DRINK-DRIVING

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The skipper of the Arranmore Ferry has been fined €350 and disqualified from driving for two years for drink-driving.

Letterkenny court.

Letterkenny court.

James Bonner, 62, appeared at Letterkenny District Court yesterday to face the charge which relates to an incident on October 20th 2012.

Gardai told the court they stopped a car at Tully Mountain, Ballyare, outside Letterkenny at around 9.10pm.

Officers said they suspected the man who was driving the BMW car had consumed alcohol and asked him to undertake a breath test which he failed.

Solicitor for Mr Bonner, Gerard Doyle told the court that his client was a very well-known local character who was involved in maritime activities and was involved in many local rescue missions.

“He has brought nothing but positivity to the area,” added Mr Doyle.

He said he suffered from a hiatus hernia and that he had suffered from reflux which may or may not have affected the breath test on the evening.

Mr Bonner had worked on the ferry for 12 years and no had no previous convictions for any offence.

Mr Doyle said the accused did not live in Burtonport and from where the ferry sailed and needed his car to get to work.

He asked for a postponement of the mandatory disqualification until after the summer season.

Judge Paul Kelly fined Mr Bonner €350 and disqualified him from driving for two years but deferred the ban until October 7th.

 

MUM KNOCKED DOWN BY DRUNK DONEGAL DRIVER DEMANDS NEW SAFETY MEASURES ON BEACH

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gavel1A mother, who was knocked down along with her four-year-old daughter by a drunk driver from Donegal, has called for a safety review of the beach in County Derry where it happened.

Paul John Doherty, 31, from Ballynahone in Fahan, Donegal, was sentenced on Monday to 21 months in prison. 

He pleaded guilty to seven motoring offences on Benone beach and at Seacoast Road on 21 July 2013.

Diane Wilkinson’s daughter Abbie sustained a broken collar-bone in the incident.

Mrs Wilkinson and her husband, Richard, have asked Limavady Borough Council to review safety measures on the beach.

“Everything happened so fast,” Mr Wilkinson told BBC Radio Foyle.

“We were down at a caravan and we went a walk on the beach before we went home.

“He just missed another child. Our Abbie had a black eye and was badly shaken. She lost consciousness in the ambulance too at one stage.”

Diane Wilkinson told Radio Foyle: “You don’t expect this to happen on a beach. You don’t think it will happen to you.

“Our other son witnessed the whole thing and he had nightmares. He had to go to counselling classes and was wetting the bed at one point.

“We have been back to the Magilligan end of the beach since but it was at a quiet time.

“It took Abbie half an hour before she get out of the car. It was horrible.

“When she did get out, she didn’t want to walk on the beach, she had to be carried.

“I don’t mind cars being on the beach but someone needs to be there watching them. A safety review is needed.

“It’s one of the best beaches on the north coast but it needs to be patrolled better. I wouldn’t want this happening to anyone else.”

Mr Wilkinson said of Doherty: “The man wasn’t a young inexperienced driver. He’s 31. He should’ve known better.”

 

DELAY IN INISHOWEN DEATH CRASH CASE ‘SIMPLY NOT GOOD ENOUGH’– JUDGE

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shaun kelly newspixA JUDGE has said delays in the trial of a man accused of causing the death by dangerous driving of eight people in County Donegal were ‘simply not good enough’ when the case was called at Letterkenny Circuit Court today.

Shaun Kelly (24) from Hill Road, Ballymaggan, Buncrana, (above) appeared today after the case was adjourned last week to allow the DPP to identify a psychologist to carry out an assessment of him.

However prosecuting counsel Patricia McLaughlin said the psychologist identified by the DPP was no longer providing assessments for court.

She said the State had made extensive enquiries since Judge Keenan Johnson had adjourned the case a week ago.

Two experts at the Beaumont Hospital in Dublin had been identified but the State had been unable to contact them despite phone calls and letters being sent.

Judge Johnson said the delay in finding an expert was “simply not good enough.”

He ordered the DPP to find an expert by Thursday.

The judge also said the expert should be in a position to carry out a psychological assessment “within seven to ten days” of this Thursday to allow a fitness to plea hearing to take place.

Judge Johnson said it “just beggars belief” that the case was continuing to “drag” on.

Ms McLaughlin said the State had only received medical reports from the defence before last week’s hearing.

She said she wanted to “apologise to the court” for the delays.

Judge Johnson adjourned the case until Thursday.

The men who died in the crash in Clonmany, Co Donegal, on July 11th, 2010 were Hugh Friel (66), Urris, Clonmany, Eamon McDaid (22)of Ballymagan, Buncrana; Mark McLaughlin, (21) of Ballinahone, Fahan; Paul Doherty (19), of Ardagh, Ballyliffin; Ciaran Sweeney (19), of Ballyliffin; PJ McLaughlin (21), of Rockstown, Burnfoot; James McEleney (23), of Meenaduff, Clonmany and Damien McLaughlin (21), of Umricam, Buncrana.

 

RETIRED FARMER FOUND NOT GUILTY OF SEXUALLY ABUSING HIS NEPHEW

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A retired farmer has been found not guilty of sexually abusing his nephew in a holiday home in Downings.

Retired farmer Sam Cunningham was found not guilty of sexually assaulting his nephew.

Retired farmer Sam Cunningham was found not guilty of sexually assaulting his nephew.

Samuel Cunningham, 66, was accused of four counts of sexual assault against his then 14 year old nephew at a holiday home in Rosguill in 1993.

The alleged victim, Patrick Cunningham, now a 35 father-of-four, claimed he was assaulted when he went to do repairs with his uncle on the holiday home at Rosguill, Downings.

Patrick Cunningham says he was fondled and that his uncle performed oral sex on him at the farmhouse.

However Samuel Cunningham stressed “There is no way on this earth I would have done that to any young person. If I thought I had done that I would have taken myself out the back and shot myself.”

Today after 50 minutes of deliberation, a jury of eight men and four women found the accused not guilty on all four charges of alleged sexual assault.

When the verdict was read out, Patrick Cunningham’s family sobbed in the court.

The alleged victim, who waived his right to anonymity, had claimed the alleged sexual assaults were sparked when water was splashed on his trousers when they were fetching water from a well.

“He told me to take off my clothes because I would get a flu. He then made a makeshift bed on a sofa.

“He said there were only a few blankets in the house and told me to get in beside him,” he said.

Mr Cunningham then alleged the four assaults took place.

Sobbing in the witness box at Letterkenny Circuit Court, he said he counted flowers on some curtains to block out the pain.

Patrick Cunningham said he kept the alleged assaults to himself until a number of years later when he told his cousin Seamus.

He said he became introverted after the alleged assaults.

He also partially blamed the assaults for falling in with the wrong crowd and eventually being convicted of two armed robberies in Northern Ireland.

However he said he used his time in jail constrictively to study and became the first prisoner to get day leave to study for a diploma in Environmental Science at university.

However the accused, Sam Cunningham, denied that any such assaults ever took place between December 1st, 1993 and January 31st, 1994.

In fact, the retired farmer from Glenside Road, Dunmurray in Belfast, said he always spent the New Year period at his late wife Rose’s family home in Cavan.

He alleged that his own son Francis along with the alleged victim Patrick and his cousin Seamus had now formed a “team.

“This is the worst thing I have ever witnessed. The devastation to the family who have been turned upside down has ben unbelievable.

“The only thing I can think of is that the want to keep me away form my farm,” he said.

A niece of Mr Sam Cunningham, Mrs Doreen Robinson, said she does not believe the holiday home was even in the possession of the family claiming it had been sold in 1992

She also said she not believe the allegations against her uncle.

“I don’t believe it. A paedophile does it over and over again and doesn’t stop after just once,” she said.

 

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