Joe Lynch outside his home at Carrickmore, St Johnston which will not be demolished after a ten year legal battle. Pic by Brian McDaid of the Cristeph Gallery.

A Donegal man who was ordered to demolish his home because it was built in the wrong location has been told it does not have to be bulldozed.

Joe Lynch has been involved in an ongoing legal battle for the past ten years after a neighbour first objected to the house in St Johnson in 2003.

But the father-of-two, who has spent €72,000 on planning appeals and alterations to his house, was told that he does not have to tear the house down.

Letterkenny Circuit Court was told that the neighbour, who spends most of his time in Dundalk, Co Louth, has now stopped objecting to the house.

He claimed the house was built 30 metres west of where it was supposed to be built.

An Bord Pleanala overturned a decision by Donegal County Council granting retaining planning permission on the 3,600 square ft home at Carrickmore on the shores of Lough Foyle.

Mr Lynch had claimed that he moved the house’s position over fears that rising waters would flood his house if he built it at the original location.

At one stage Mr Lynch was ordered by the courts to take the roof off his house and lower the height of the house by 1.2 metres.

He was also ordered to completely demolish the house but a stay was put on that order.

After a series of appeals, the barrister for Donegal County Council, Declan McHugh, told the court that the matter was now resolved after the neighbour withdrew his objection.

Mr Lynch said he was delighted and relieved by the decision and that his “nightmare” of the past ten years had finally been resolved.

“All I can call it is a nightmare. My life and my family’s lives have been on hold for the past ten years.

“That person did not even live next door to us and yet he managed to put us through a pure hell.

“I am glad that he has seen sense but none of this needed to have happened.

“There were times when we could have simply walked away and moved to another area but we decided to fight this.

“We are just relieved that this is now all over and we just want to get back with living the rest of our lives in peace,” said Mr Lynch.

Mr Lynch appeared in court yesterday to find out if he would be held responsible for the cost of up to 30 court appearances.

His barrister Mr Peter Nolan said his client shuld not be held liable for all the costs of the marathon court case.

He said he had already spent €22,000 on planning and other fees and a further €50,000 on alterations to the house.

“He has paid for it four times over and his family has suffered. This would be an added nail on the crucifix of Mr Lynch. He has suffered enough and he has learned his lesson,” he said.

He added that the message will now go out that Donegal County Council will not tolerate breaches of planning permission.

However barrister for Donegal County Council, Declan McHugh, said the message could also go out that “if you play the system for fifteen years you will ultimately get what you want.”

Judge Keenan Johnson described Mr Lynch as a “foolish man” for moving his house from where it was supposed to be built.

However he said he did not want to grant costs against him which could be an “open cheque.”

He ordered Mr Lynch to pay €10,000 in costs and allowed him 24 months to pay the sum.

A CRIMINAL caught red-handed by a quick-thinking traffic Garda with stolen items worth €36,000 has admitted: “I did it.”

Brian ‘Mouse’ Ward of 77 Ardkeen, Cavan, and 11A Ard Glass, Letterkenny had originally denied any wrongdoing, despite being caught in van – with all the items on board.

He was stopped as he drove out of Letterkenny at the Dry Arch Roundabout last September by Garda Traffic Corps officer Paul McGee.

Acting on a tip-off from drugs squad officer Derek Connaughton, Garda McGee pursued a blue Ford van – registration number 04 CN 6132 – as it entered the Letterkenny to Lifford dual carriageway.

Gda Magee said Mouse Ward and another man in the vehicle were known to him and he began to investigate the state of the vehicle which was towing a trailer.

Inside he found washing machines, Sky TV dishes and €36,000 worth of aluminium, the property of the ESB in Letterkenny.

Ward had already pleaded guilty to a range of driving offences connected to the incident and a previous incident in July.

Last September he was fined a total of €950 for a range of driving offences and failing to give Gardai a correct name. He was also banned from driving.

But Ward denied charges of handling stolen goods.

Guilty

However at this sitting of Letterkenny Circuit Court Ward finally admitted the charges, entering a plea of guilty before Judge Keenan Johnson.

Ward, who is under a curfew and banned from associating with convicted criminals, is banned from entering Donegal except for court appearances.

He was released under the same conditions to allow a probation report to be prepared.

He will be sentenced for his role in the thefts on July 15.

A DONEGAL sheep farmer has agreed before the High Court not to interfere with the carrying out of electricity line upgrade works on his land.

The court heard the line is of vital importance in supplying electricity supply for the whole of Donegal.

The ESB and Eirgrid plc last week sought injunctions preventing Patrick Gallagher, Galdonagh, Manorcunningham, from interfering with or obstructing the work as well as orders requiring him to remove or remedy any obstructions which have been placed on the land at Listak.

Yesterday, Mr Gallagher undertook before Mr Justice Paul Gilligan to allow the ESB onto his lands and not to interfere with the work.

The court heard the works are needed on a 110kw power line and if not done could affect the entire electricity supply in Donegal.

The Irish Independent reports that Mr Gallagher, representing himself, said he had been in dispute with the ESB over compensation.

He said he was entitled such compensation from the ESB from work done on the lands in the 1990′s and also claimed there had been damage to his land during previous such works.

The court heard it had been agreed outstanding issues over compensation would go to arbitration.

The case was adjourned to June.

The jury in the inquest of the death of the late Mrs Margaret Morahan have returned a unanimous ‘open verdict’ decision following two days of evidence. 

Coroner John Canon

Mrs Morahan 45, of Glasagh, Derrybeg, took her own life on the 9th of January 2013.

The court heard how Mrs Morahan was left devastated following her suspension from her job as a nurse at Aras nursing home, Gaoth Dobhair in March 2012 for alleged misconduct.

Following a subsequent appeal she was relieved of her duties and given her P45 in December 2012.

On the 8th of January 2013 the court heard how her husband John Morahan who was in Ashbourne, Co.Meath working for Largo Foods, received an alarming text message from his wife.

In the text his wife had attached an e-mail in which she was going to send to her former employers at Aras, in the attachment Mrs Morahan indicated she was going to self-harm.

Mr Morahan clearly distressed and extremely worried by the content of the text made plans to return home immediately and went to Dublin Airport to get a flight back to Donegal.

On his arrival back to Donegal he immediately sought the medical help of Dr Anthony Delap.

Mr Morahan went to Dr Delap’s practice and asked him to section his wife as she was at risk to herself, he showed Dr Delap the text and attachment e-mail his wife had sent.

Dr Delap reassured Mr Morahan he had done the right thing in returning home and told him to go home to his wife and bring her in to see him.

If she resisited coming in, Dr Delap told Mr Morahan to ring the surgery.

Mrs Morahan refused to come in so Mr Morahan rang Dr Delap’s surgery and left a message with his secretary.

He never got any response from Dr Delap, he then proceeded to try and reach him again by ringing the surgery several times and then the emergency number several times but to no avail.

Dr Delap had also taken Mr Morahan’s number and he had hoped that Dr Delap would try to reach him.

Dr Delap never made any contact with Mr Morahan after their consultation at the surgery.

Later that evening Mr and Mrs Morahan went to bed, John Morahan held his wife’s hand and he fell asleep.

After a short while he awoke to find that his wife had gone from the bed, he searched the house for her and saw that the back door was open.

He knew she had gone to his father’s house which was unoccupied at the time.

There he found the body of his late wife who had tragically taken her own life.

Damien Tansey

Prior to her death the inquest heard how Mrs Morahan was on a significant amount of medication with one particular drug Cymbalta coming under scrutiny.

Dr Delap had prescribed Mrs Morahan with a six month subscription for Cymbalta which can be used to treat major depressive disorder and general anxiety.

The drug can also be used to treat those that suffer from Fibromyalgia or chronic low back pain which Mrs Morahan also suffered from.

Dr Delap insisted that Mrs Morahan was on the drug due to chronic back pain.

In his evidence Delap said: “Mrs Morahan visited the practice twice in 2012, and she saw me once in November 2012, we spoke about her work situation which at that stage was unresolved but she never disclosed any details that she was suffering from depression.

“The first time I’d heard she was dismissed from her position was when her husband John visited me on January the 8th.”

Soliticor Damien Tansey, representing the family of Mrs Morahan raised several issues with Dr Delap’s handling of the situation.

Damien Tansey said, “You’re aware she’s having trouble in her job and you know she’s had a history of depression, would you not consider her situation as a trigger for depression and anxiety.

“You then proceeded to double her dosage of Cymbalta, a drug which manufacturers of the product state clearly that any patient on the drug be monitored regularly something you can’t do if you’re prescribing six month prescriptions.”

A text the late Mrs Morahan sent a friend on January the 3rd 2013, was read out in court.

It read: “Doctor doubled my dosage of anti-depressants, struggling to drag my carcass out of bed in this weather, I think I’ve misplaced my Mojo.”

Coroner John Cannon in his address to the jury said” “It appears to me that the turning point in the life of Mrs Morahan was on the 22nd of December 2012 when she received her P45 from her employer and when she recieved her last wage on the 28th of December.

“She had reached a point of no return, from the e-mails she sent prior to her death it was clear her life had disintegrated.

“She had felt hopelessness and was worried she’d never gain employment in her profession again following her dismissal.

“She was worried at how they would make mortgage repayments and she saw no way out.

“In his evidence John Morahan spoke of how he saw huge changes in his beloved wife Margaret and how she had began to drink more and rarely left the house.

“That Christmas was a quiet one for the family and Margaret only left on a few occasions to attend Mass and once to go for a walk.”

Coroner Cannon said that as Mrs Morahan was a qualified nurse she would have been more qualified than most with the benefits and negatives associated with taking a drug like Cymbalta.

Coroner Cannon said: “Considering she was a nurse she was well aware of the benefits and potential negatives associated with taking a drug like Cymbalta.”

He added: “The dosage of 30 that was then doubled to 60 seems mild to me and she had been on the medication for two years prior to her death.”

Coroner Cannon then appeared to criticise Mr Morahan for not contacting NowDoc after his attempts to reach Dr Delap had failed.

He said: “I can’t understand why Mr Morahan only decided to speak to Dr Delap when he felt his wife was at such risk and asked for her to be sectioned.

“I can’t comprehend why he didn’t contact NowDoc when all his attempts to reach Dr Delap had failed.

“Unfortunately the role of the local GP has changed, a time when they were always available doesn’t exist anymore due to the demands placed upon them.”

The coroner then directed the options available to the jury before they made their deliberations on the case.

He ruled out the option of death by medical misadventure on the grounds that there wasn’t sufficient evidence to back that theory up.

Damien Tansey in his address to the jury before the inquest was adjourned last week, called for the jury to return a verdict of death by misadventure.

Tansey said: “Mr Morahan came to Dr Delap for help, he asked his wife to be sectioned, if he had received an appropriate response we wouldn’t be here today.

“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.”

Kevin Dunne solicitor for Dr Delap had called for the jury to return a verdict of death by suicide.

He said: “Mrs Morahan visited Dr Delap two months before her death but never disclosed details of her depression.

“I’d ask 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 ten person jury returned a unanimous ‘open verdict’ decision.

There was no rider – or recommendations – made in addition to the verdict given by the jury.

Coroner Cannon concluded by saying: “I wish to express sincere sympathies to Mr Morahan and his children for their devastating loss.

“The inquest has been the re-telling of an extremely difficult and very sad time in your life.

“In Mr Morahan’s evidence he told how Mags was a very good person that would do anything to help someone and that she was very active in the community.

“She was a great mother to our children and was the life and soul of the family.”

Those sentiments were reiterated by Damien Tansey who also thanked the jury for their diligence throughout what was a difficult inquest.

Mr Tansey said: “I want to thank the jury for their efforts during this case and want to thank them for the responsibility they showed throughout the case, medical matters are complex and the terminology used is difficult but I want to thank them for being so diligent.

“Hopefully this verdict will now give closure to the family as they attempt to fill a gap which undoubtedly arises in a family when you lose a loved one.

“Hopefully they can begin to put their lives back together after their tragic loss of someone that was so important to them and someone they loved so much.”

A report on whether a man charged with dangerous driving causing the death of eight people is fit to plead is to be compiled.

Shaun Kelly

A suitable expert has been found to assess Shaun Kelly, 24, who is charged with the offences outside Clonmany, Co Donegal in 2010.

Mr Kelly, of Ballymagann, Buncrana, was the driver of the car in which seven of his friends died and the driver of a coming in the opposite direction was also killed.

Earlier this week Judge Keenan Johnson had told the State he urgently needed to have an expert assigned to Mr Kelly to see if he was fit to plead.

At Letterkenny Circuit Court today State prosecutor Patricia McLaughlin today told Judge Johnson that she had found an expert Dr Mark Mulrooney, a Senior Clinical Neuropsychologist at Beaumont Hospital in Dublin.

The court heard that Dr Mulrooney will examine Mr Kelly on April 26th and make his report after that.

The defence are also having reports compiled on Mr Kelly.

Kelly appeared in court as did several family members of those killed in the crash on July 11th, 2010.

Judge Keenan Johnson said he was very anxious to have the matter dealt with.

“It should be expedited as it is dragging on for far too long,” he said.

The case has ben adjourned on several occasions and both Judge John O’Hagan, the residing judge and Judge Johnson have expressed their disappointment the case has not be dealt with.

The state prosecutor Ms McLaughlin asked to be furnished with the report on Mr Kelly a week before the fitness to plead appearance.

Judge Johnson said he will liaise with Judge O’Hagan to finalise a date for the fitness to plead appearance.

The men who died in the crash 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.

Murdered: Oran Doherty

DETECTIVES investigating the murders of 29 people including three schoolboys from Buncrana have tonight charged a man in the North.

Seamus Daly, from Culloville, County Monaghan, was arrested by PSNI serious crime branch detectives in Newry on Monday in relation to the 1998 Omagh bomb.

He was one of four men ordered to pay more than £1.5m in damages to the victims’ families in a civil case.

The Buncrana boys who died were Oran Doherty, James Barker and Sean McLaughlin.

It was the worst atrocity of the Troubles and was carried out by dissident terrorists calling themselves the Real IRA.

The Donegal boys were on a trip to Omagh the day of the bombing.

Daly, 43, was tonight charged with the murders of 29 people.

A Donegal judge has told the local courts service to write to jurors who did not show up for jury service this week.

Judge Keenan Johnson:

Judge Keenan Johnson said he wants people who did not appear at Letterkenny Circuit Court to explain why they did not turn up.

A number of people called to be chosen to be on jury panels did not appear when their names were called.

Judge Johnson told the court service to write to those who did not show asking them to explain their non-appearances.

He said that if their reasons were not satisfactory, they would be sent summonses.

The scene of devastation following the Real IRA bomb attack on Omagh

A man accused of murdering 29 people in the 1998 Omagh bombing has been remanded in custody today.

Seamus Daly, who is 43 and from Culloville in County Monaghan, faced 29 counts of murder and two charges linked to the explosion in Omagh, at Dungannon Magistrates’ Court.

The Real IRA attack was the worst single atrocity of the Troubles in Northern Ireland.

The victims included a woman who was pregnant with twins as well as three schoolboys from Buncrana.

Daly also faced two charges related to an attempted bomb attack in Lisburn, County Antrim, that took place four months before the Omagh bomb.

Bail was refused because of police concerns that he may flee the jurisdiction.

Seamus Daly has been connected to the bombing of Omagh before. Fourteen years ago the BBC’s Panorama programme named him as a suspect in the case, and a civil action brought by the relatives of some of the victims found him and three others liable for the attack, and ordered them to pay more than £1.5m damages.

He has also previously pleaded guilty in the Republic of Ireland to membership of the IRA.

He was remanded in custody to appear again in May.

Mr Daly has always denied any involvement.

A CO Donegal man whose son took on Gardaí in court after his car was seized and won says more motorists need to legally challenge the practice.

John Doherty spoke out after both Customs and Gardaí seized a total of 60 vehicles across the county in the past three weeks.

The Customs seizures related to UK-registered vehicles which hadn’t Vehicle Registration Tax (VRT) paid. The Garda seizures related mainly to non-payment of road tax.

But despite losing a court case five years ago over the practice, Gardaí are continuing to seize vehicles.

John’s son John Jnr had his car seized in Letterkenny five years ago. It was registered in Northern Ireland at the time.

“The garda in the case said he was seizing John’s car under Section 139 of the 1992 Finance Act,” said John Snr who is part of the Irish Drivers Association lobby group.

“John replied that by taking his car the garda was in breach of his rights under European Law, specifically articles 25 and 39 of the Treaty of Rome; that gardai would be in breach of his rights on freedom of movement as well as in breach of diue process under the Irish Constitution.

“This effectively says that seizure of goods more than the amount allegedly owed to the State is illegal.”

John Snr also confronted Gardai who said his son had a Republic of Ireland drivers’ license. But he responded that it was a European-wide license, which allows him to hire a car whilst abroad – without breaking any laws.

It took more than two years for the case to get to court where John Jnr rejected a plea bargain offer on charges of resisting arrest and possession of a foreign-registered vehicle.

“The Gardai regretted taking the case to court and offered to drop the resisting arrest charges if the VRT charge was pleaded to but we rejected this,” said John Snr.

“In court we told Judge Kevin Kilrane that John had told the garda on the night that failure to deal with the matter by summons was breaching his rights and the judge agreed.

“He told the garda that in future he should follow due process. The cases were thrown out of court.”

He says the Irish Drivers Association is now advising motorists how to handle a situation where a car is being seized.

“What the association are advising people when confronted by customs or Gardai about car seizures in relation to road tax or customs duties/VRT is simply to inform the respective officer that he/she must follow due process and issue them with a summons,” said John.

“Every officer has a duty of care to uphold that person’s Constitutional rights.
That way they get a fair trial by a court. No roadside penalties should be paid in lieu of going to court. No seizure fee should be paid. By enforcing any of these penalties the State denies you your constitutional right to a fair trial in court.

“This is now a fact and has been proven in Letterkenny Court in the case of DPP v John Doherty. Judge Kilrane told the Garda that it was a draconian measure to lift anyone’s car on the roadside. Striking out the case, the judge told the Garda ‘in future guard, follow due process’.”

Due Process – the law

This is the guidance given to motorists from the Irish Drivers Association:

Irish constitutional law

1. The 3rd amendment to the constitution. Ireland’s accession to Europe. Known as the 1972 European Communities Act. This is where the Gov of 1992 signed up to the terms of the treaty of Rome.

2. Constitutional law

The constitution is the highest law in the land and no other acts of law introduced by governments shall supersede same. The constitution can only be changed or amended by the people by means of a referendum.

3. The 1992 Finance Act is an introduction of law which supposedly gives Gardai and Customs the powers of seizure which is contrary to article 15.which states “The Oireachtas shall not enact any law which is in any way repugnant to the constitution or any part thereof.”

4. Article 38 The right to a Fair Trial

Article 38 the right to a fair trial in court by a Judge/ jury. If Gardai and customs start to act as judge jury and executioner on the roadside then we no longer need the courts.

5. Article 37

Every person appointed a judge shall swear an oath to uphold the constitution. And should bring it to the attention of the court where summons are been issued under the 1992 finance act giving powers of seizure is contrary to constitutional law.

6. Article 43 property rights

Your property is yours and can not be seized detained or otherwise unless on foot of a court order signed by a Judge not a ( court clerk ) in other words if it’s not signed by a judge it’s not Valid.

………………………………………………………

European law. Treaty of Rome

European principles of proportionality

A court order can not be issued to collect revenue if the property exceeds that which is due to the state. In short they can only lift to the value of, but not above.

Treaty article 10

Member states shall take appropriate measures to ensure fulfilment of the obligations arising out of the treaty.

Article 14

The community shall adopt measures

With the aim of establishing the internal Market over a period expiring on the 31.12.92

Article 25

Customs duties on imports and exports and (charges having equivalent effect) /VRT shall be prohibited between member states.

Article 39. Free movement.

The free movement of goods. Persons. And capital.

A CO Donegal man has made legal history after being cleared of drink-driving – despite being TWICE the legal drink drive limit.

Lee Gibson (24) from Fr Arnold Terrace in Manorcunningham had fought the case against him at Buncrana District Court on the grounds that his rights had been infringed when handcuffed by Gardaí.

Mr Gibson was stopped in the car park of Lidl in Buncrana on September 13 last year.

Garda Tom Duggan said he had gone to the car park after reports that a damaged vehicle was in the area. Mr Gibson was arrested, handcuffed and taken to Buncrana Garda Station where a reading of 80mg/ml was recorded – the limit is 35.

Solicitor Frank Dorrian however challenged the legality of the Garda behaviour on the day, saying his client should never have been handcuffed in the first place.

Under cross-examination from Mr Dorrian, Garda Duggan claimed he had arrested Mr Gibson because he had tried to run away.

But Mr Dorrian said that both the sworn statement of the garda and his notebook had never referred to Mr Gibson “running” from the scene.

In fact, said the solicitor, both statements had said Mr Gibson was walking away from the car. Mr Dorrian put it to Garda Duggan that he had said his client was “staggering.”

He wanted to know how it was possible for Mr Gibson to be running, walking and staggering all at the same time.

Under re-examination by Inspector David Murphy, the garda said he had handcuffed Mr Gibson on health and safety grounds.

But Mr Dorrian – using case law from another case (DPP v Cullen) – objected to the legality of the arrest in the first place.

He said it was clear that Mr Gibson had in fact been compliant at all times with gardai. He had never tried to flee the scene.

Mr Gibson hadn’t tried to “run away” as had been claimed – and this wasn’t in any Garda statement.

Under the law a Garda can only handcuff someone when there was “a real and reasonably held belief” that someone was fleeing the scene.

Mr Gibson, he said, was not.

Mr Gibson had not run away, nor attempted to run away.

Judge Paul Kelly agreed with the defence solicitor’s argument saying he found it “unusual” that gardai would claim in court that someone had tried to flee a scene but had not stated the same thing in either the notebook or in a subsequent statement.

Judge Kelly dismissed the case.

Flashback: Residents like this man in Ballymacool Terrace found their front doors glued last year.

A 27-year-old man was in Garda custody last night charged in connection with a spate of ‘glue attacks’ on homes and cars.

The suspect was first detained in the early hours of May 10 last year after reports of a man acting suspiciously near a car.

Gardai arrived at the scene and detained a man wearing gloves and holding a tube of Superglue.

More than 100 homes and cars had locks wrecked by glue in the Co Donegal town over a nine month period from September 2012 to May 2013.

A wide-ranging Garda investigation followed and last night a suspect was arrested and charged in relation to several glue attacks.

He remained in Garda custody overnight at Letterkenny Garda Station.

He will appear at Letterkenny District Court later today on several criminal damage charges.

It’s understood the bill for repairs which had to be carried out to homes and cars of residents – some of them pensioners – runs into several thousand euro.

A man has appeared in court charged with a spate of glue attacks on cars and houses in Co Donegal over the past year.

William McElwaine appears in court today. Pic by NW Newspix.

William James McElwaine, 27, appeared at Letterkenny District Court today after being arrested by Gardai over the weekend.

His arrest follows months of attacks on pensioners and other homeowners at various locations across Letterkenny in recent months.

In total McElwaine faces a total of 29 charges of criminal damage on at least ten different occasions between September 2012 and May 2013.

His arrest follows a spate of glue attacks on property which left thousands of euro worth of damage.

Pensioners and young families at Ballymacool Terrace in Letterkenny were locked out of their homes when their front doors were super-glued.

A series of other attacks then occurred at various locations across the town.

Garda Stephen Moyles told the court that McElwaine had no response when 26 of the charges were put to him.

Of the other three charges he replied “I only did that once” to two of the charges and “I don’t remember, I don’t know that place,” to another charge.

McElwaine sat in court wearing a blue hoodie and didn’t speak throughout the hearing.

Garda Moyles said that he did not know the full extent of the cost of the attacks but one woman got a quote of €1,000 to repair her car.

Other homeowners had agreed a deal with a local locksmith to have the locks on their homes replaced.

Defence solicitor Frank Dorrian said he was seeking an adjournment to see the exact cost of the damage.

Inspector Michael Harrison, who said a full file has been prepared on the matter, said he had no objection to bail.

Judge Paul Kelly adjourned the case until June 5th and ordered McElwaine to sign on three times each week at Buncrana Garda station and keep a curfew of between 11pm and 7am each day.

A truck-driver who overtook six cars on a continuous white line and forced other cars to take evasive action posed a “terrifying prospect’, a Judge has said.

Letterkenny court.

Driver Anthony Donaghey appeared before Letterkenny District Court yesterday charged with dangerous driving on March 21st, 2013.

Donaghey, 32, of Carrowmore, Gleneely was observed by Gardai traveling down the Lurgybrack hill outside Letetrkenny on the evening in question.

It was raining heavily but Donaghey was reaching speeds of up to 110kph and overtook six cars on a continuous white line.

Cars coming in the opposite direction were also forced to pull into the left hand lane, the court was told.

Garda Sgt Jim Collins said in his statement that they followed the driver and eventually apprehended him on the dual carriageway.

Donaghey had no previous convictions and was only driving the articulated lorry as a favour for a friend.

Solicitor Frank Dorrian said Donaghey was very apologetic for what had happened.

However, he said his client had got out of his lorry a short time before the incident and had caught his hand in the door of the truck.

“He was in great pain and there can be a good or bad reason for anything.

“A disqualification would have a devastating affect on his livelihood,” said Mr Dorrian.

Judge Paul Kelly adjourned the case until June 5th saying he wanted to speak to Donaghey and will consider sending him on a pro social driver’s course.

“It is quite a terrifying prospect for anyone else coming up that hill – we need some explanation for that,” he said.

A CO Donegal solicitor who blew €177,000 of his clients’ monies to top up his pension and pay his household bills has lost a bid to keep his identity secret.

Andrew G Morrow, practising as David Wilson and Co Solicitors, Raphoe, has been found guilty by the law society of dishonesty in his practice.

He admitted using money from the firm’s client account for his personal pension contributions, health insurance, home bills, credit card payments and his mother’s care costs.

He also admitted trying to hide the losses and was attempting to pay the money back by taking out a loan.

Mr Justice David Keane froze the solicitor’s bank accounts and Morrow agreed not to practice as a solicitor to all legal proceedings had ended.

Nessa Bird for the Law Society told a Dublin court that the society’s investigation of Morrow’s practice revealed a minimum deficit of €177,657 in the client account. She said the society had been unable to ascertain the full amount of the deficit as the practice’s books of account had not been properly written up.

The society had also discovered that Morrow had attempted to conceal the deficit by recording various sums as being loans to him when they were client funds.

A lawyer for Morrow, Sean Sexton, said his client intended to wind down his practice and had obtained various loans to cover the deficit.

The Law Society opposed an application from Morrow to remain anonymous until all proceedings were finished.

Mr Justice Keane dismissed the anonymity application, said nothing had been put before the court that would merit having the hearing being conducted in private.

A leading Donegal hotel has had several charges against it dismissed under smoking laws after a Judge said it was an ‘extremely well-run establishment.’

The Redcastle Hotel

The HSE took the case under Tobacco legislation laws against the Redcastle Hotel in Inishowen.

HSE employee Meabh Costelloe visited the hotel during a wedding on June 14th , 2013.

On the first visit there was nobody in the glazed area.

However, on a second visit two people were found smoking in the enclosed glazed area which measured three metres by three metres.

However Carndonagh District Court was told that this was NOT the designated smoking area for the hotel.

In fact, several precautions had been taken to ensure that patrons knew this was not the designated smoking area.

The actual designated patio area for smoking was a short distance away.

Defence solicitor Frank Dorrian said these included the erection of signs, regular fifteen minute patrols by staff and also a memo to staff telling them where the designated smoking area was.

He said that all reasonable measures had been taken to ensure people knew the glazed area was not the designated smoking area.

Judge Paul Kelly said he found the hotel had complied fully and that it was ‘an extremely well-run establishment.’

He dismissed all the cases relating to the hotel.

Rathmullan man  and former Anglo Irish Bank executive William McAteer has been found guilty of giving illegal loans to the so-called Maple 10 to buy shares in the bank.

Willie McAteer – found guilty.

McAteer and co-accused Pat Whelan were also found not guilty of providing unlawful financial assistance six members of Sean Quinn’s family to unwind the businessman’s secret stake in the bank.

The jury returned the verdicts at the Circuit Criminal Court in Dublin after deliberating for almost 17 hours over five days.

Yesterday, their co-accused Sean FitzPatrick walked free from the court after been found not guilty of providing unlawful financial assistance to the Maple 10 as part of the plan to unwind Sean Quinn’s secret stake in the bank.

Trial judge Martin Nolan previously directed that Mr FitzPatrick be found not guilty in connection with the loans to the Quinn family.

He also cleared Mr Whelan of seven counts relating to facility letters to the Maple 10.

The loan-for-shares deal involved unwinding Mr Quinn’s secret 29pc stake in the bank, build up through contracts for difference (cfds).

The Irish Independent report that Whelan and McAteer showed no emotion as the verdicts were returned one by one.

They face up to five years in jail on each count and / or a €3,000 fine.

The pair stood in the dock side by side as they were remanded on bail by the judge. The sentence hearing will take place on April 28th.

Sinn Féin Finance Spokesperson Pearse Doherty TD, responding to the verdicts in the Anglo trial said there would be mixed emotions from the public in response. 

He added however that there is still a long way to go before the Irish people feel justice has been served on all those culpable in the Irish banking crisis.

Deputy Doherty said: “There will be mixed emotions to the two verdicts last night and today from the Irish people.

“Though Judge Nolan quite correctly pointed out that these men were facing technical charges and weren’t answering for the problems of the entire banking system, many people just saw this as a trial of the former bankers who contributed to the crash.

“We are still waiting for justice to be served on all those culpable in the Irish banking crisis.

“The failures in Irish banks, the reckless loans availed of by developers, combined with the policies of Fianna Fail, have caused great long term economic suffering for the Irish people.

“Austerity budgets, unsustainable debt to GDP level, emigration, poverty, unemployment and repossessions have been the sentence handed out to ordinary people.

“Meanwhile, those responsible for the crisis haven’t been held fully to account and the Irish public know that.”

Nicole Gibson who had the charges against her struck out.

A young woman who operated a text-a-getaway driver service for burglars was the victim of other gang members, a court has been told.

Nicole Gibson, 21, offered criminals her services to help them make a clean getaway after robberies across Co Donegal in February 2012.

She helped move a range of stolen goods including a motorbike and copper wire worth thousands of euro in her own car.

Gibson, a trainee hairdresser from Raphoe, even hooked up a trailer to her car to transport the goods to a scrap metal yard.

Gibson appeared in court again today after a court ordered a probation on her.

A previous sitting of Letterkenny District Court heard Gibson was charged with three different incidents including break-ins at a school and private houses

She responded to the requests in removing stolen goods on three occasions which were before the courts, including a robbery at Royal & Prior school in Raphoe.

“She would be at home and would get a text message to pick people up,” said Garda Eoin Waters.

In the case of the school, she had hooked up a trailer to her car to make off with garden equipment stolen from the premises including an expensive Kawasaki quad.

On two other occasions – in Manorcunningham and St Johnston – she collected criminals and thousands of euro worth of copper stolen from houses under construction in the area.

Garda Waters revealed that €3,300 worth of copper was stolen in the incidents – and €700 worth of damage done to the properties.

Gibson, whose address in court was given as Meadow Hill, Raphoe, but who now lives at The Green, Convoy, would then distribute the cash from the sold metals to the thieves.

“The copper was sold to a scrapyard in Derry,” said Garda Waters.

The tools from the school heist were later recovered by the PSNI, he said.

Gardai had launched an investigation into the thefts which took place in February 2012.

Assistance from the public had identified that Gibson’s getaway car had been seen in the areas around the time of the thefts which took place over a period of six days. When she was questioned she admitted her role in the crimes.

At the time Judge Paul Kelly described the incidents as “extremely serious”.

Pleading for leniency solicitor for the accused, Kieran Dillon said his client was the victim of other gang members.

“She was used by other people and is still in recovery from a very serious incident when she was younger. She fell under their spell and became involved in things she regrets. She had a very good upbringing up until this time,” he said.

The court heard that Gibson has not come to Garda attention since the robberies and now wanted to go onto third level education and become a social worker.

Judge Paul Kelly said he had read the probation report and it spoke very favourably of Ms Gibson and the unlikely event of her reoffending.

He struck out all matters against Ms Gibson and remarked that he was aware that she had paid a sum of compensation.

 A 20 year old man who was caught with fuel syphoning equipment in his car has been fined a total of €600.

Letterkenny court.

Brian Ward was stopped by Gardai at Raymothy, Manorcunningham on July 5th, 2013.

Mr Ward, of 77 Ardskeen, Co Cavan appeared at Letterkenny District Court yesterday along with his wife.

Ward was stopped by Gardai at 2.46am and gave his name as JOhn Ward.

Syphoning equipment was found under the bonnet and a five litre empty container was also found in the car.

The court heard that Ward, 20, had a number of previous convictions. He is in receipt of €200 per week on social welfare as is his wife.

His solicitor said he knew he was in a friend’s car and was not insured and that was why he gave a false name.

Judge Paul Kelly noted that this was the second occasion that he had given a false name having been convicted on another occasion of the same offense.

Judge Kelly fined Ward €250 for having no insurance and disqualified him for six years as this was his second such offense.

He fined him a further €150 for having syphoning equipment in his car and a further €200 for giving a false name.

A 36 year old man who put his fists up to Gardai after they confronted him about his English-registered jeep has been ordered to pay €150 to charity.

Letterkenny court.

Martin Ward was stopped by Gardai at Academy Court in Letterkenny on March 19th.

Letterkenny District Court was told that Ward, of 49 Balymacool Woods, Letterkenny, became aggressive when stopped.

He put up his fists and told Gardai “You are not f******* seizing this jeep. I’m not giving you no key.”

Gardai then seized the Isuzu jeep under Section 140 of the Finance Act and arrested Ward for being threatening and abusive in a public place.

Solicitor Patsy Gallagher said his client appreciated now that things got out of hand and that he acted inappropriately.

Judge Paul Kelly ordered Ward to pay €150 to Friends of Letterkenny General Hospital.