Shaun Kelly

A fitness to plead hearing has begun at Donegal Circuit Court in Donegal Town in the case of a man charged with dangerous driving causing the deaths of eight men in Inishowen.

The application that he is not fit to plead in the case is being made on behalf of 25-year-old Shaun Kelly of Hill Road, Ballymaggan, Buncrana.

The application is being heard before Judge John O’Hagan and is expected to take two days.

It relates to a fatal crash between Clonmany and Buncrana in July 2010 in which eight men died.

A WOMAN who got drunk at a well-known local pub after threatening staff told a Garda: “Come on to f*** you pr*** and arrest me.”

Staff at the Cavern Bar in Letterkenny had to call officers after refusing to serve more drink to Charlene Montgomery.

The 23-year-old from Ballinascadden, Coolboy, had become “an extreme danger to herself and others” said Inspector Goretti Sheridan at Letterkenny District Court.

Montgomery admitted using threatening and abusive behaviour and being drunk in a public place.

When Gardai arrived she had made the comments about being arrested, said the inspector.

Her solicitor Donagh Cleary said her behaviour on the night was “somewhat bizarre.”

He said his client had reacted to being spoken to in a derogatory manner by bar staff.

“She was mixing medication with alcohol and it had an unfortunate outcome for everyone,” said Mr Cleary.

“She has no previous convictions and is unlikely to be here again.”

Judge Paul Kelly ordered a probation report and payment of compensation for €200 worth of damage caused in the bar.

Shaun Kelly

A MAN will go on trial on July 15 accused of causing the deaths by dangerous driving of eight people in Co Donegal.

Shaun Kelly, who is 24-years-old and from Hill Road, Ballymagan, Buncrana, will appear at Letterkenny Circuit Court for a jury trial on that date.

The date was set by Judge John O’Hagan at Donegal Town Circuit Court today.

A ‘fitness to plead’ application on behalf of the defence was withdrawn today.

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.

The jury panel called for next Tuesday, 27th May, 2014 are NOT now required to attend at Letterkenny Courthouse.

A MAN who abused a young girl in the county is back living in County Donegal. 

Anthony Kearns, who is now 53, and who used to live in Bruckless, is now living in Letterkenny.

In June 2010 he was handed a three-year jail sentence for the offences, with 18 months suspended.

Kearns, originally from Shrewsbury, England, had pleaded guilty to eight sample charges of sexual assault between June 2005 and December 2007 when the girl was aged between 12 and 14.

The former garden business owner and father-of-five, was also placed on the register of sex offenders for 10 years. That is due to expire in 2020.

His brave victim asked that Kearns be named at the time.

The court was told that the offences started when Kearns was drinking after he split from his wife when he discovered she had an affair with his father.

Kearns told the court that when he discovered the affair between his father and his wife he “was a broken man, both physically and mentally”.

“I am terribly sorry for what I did. It is inexcusable,” he said.

His young victim eventually told her family and some neighbours about the offences against her. As a result of the abuse, the teenage victim no longer trusted older men and at one stage had considered suicide, the court heard at the time.

It’s understood Kearns went to England after his release from prison but has now returned to County Donegal.

“I was surprised to see him one evening playing snooker,” said one local man who recognised him.

“I knew what he had done. I didn’t expect to see him back in Donegal.”

The Cavern: Victim of assault lost two teeth there

A MAN who lost two teeth in a violent attack in a local pub is “absolutely fed up” waiting for his attacker to pay his medical bills, a court has heard.

David Gibson, who is 21, has already admitted the attack on his victim at The Cavern Bar in Letterkenny on May 19 last year.

Gibson, from 52 The Green Ballymacool in Letterkenny pleaded guilty to assault causing harm at a previous court.

Judge Paul Kelly has been adjourning his sentence in the case until compensation to the victim is paid.

But Letterkenny District Court heard that Gibson still owes €150, and according to his solicitor Kieran Dillon, has been doing his best to come up with the rest of the money.

Garda Inspector Goretti Sheridan told the court that the victim wanted the case dealt with and he was impatient at the rate at which Gibson was paying for his medical bills.

“He’s absolutely fed up with it going on and on,” said Inspector Sheridan.

The victim, she said, had lost two teeth in the attack.

Judge Kelly adjourned the case until next month to allow Gibson to settle the balance of the medical bills.

AN Illistrin man has appeared in court on 64 charges of accessing information on computers at the Department of Social Protection and passing information to a third party.

Rory Lenihan, from 2A Ballaghaderg, appeared at Letterkenny District Court.

The offences are alleged to have taken place at the offices of the Department of Social Protection offices at Oliver Plunkett Road in Letterkenny between January 2008 and October 2008.

Detective Garda Peter Cullen said that Mr Lenihan had made no reply when each of the 64 charges were put to him.

The DPP, he told Judge Paul Kelly, had asked for the case to be adjourned until the next sitting of Letterkenny Circuit Court in July.

Judge Kelly remanded Mr Lenihan on bail until July 28, ordering him to surrender his passport and sign on at Letterkenny Garda Station once a week.

A Dublin man has appeared before the Dublin Circuit Criminal Court charged with 50 counts of sexual offences against two young girls including offences which took place in Donegal.

The offences are alleged to have happened on dates between 2007 and 2011 at locations in Dublin and Donegal.

They include 40 counts of child exploitation, three counts of alleged sexual assault and seven of defilement of a child under the age of 17.

Last April the accused – who cannot be named – was sent forward for trial by Judge Cormac Dunne at Dublin District Court.

Today Judge Ellen Ring set a date for his arraignment of July 29, and remanded him on continuing bail pending his next appearance.

Murdered: Bogdan Michalkiewicz

A 20-year-old man has been remanded in custody charged with the murder of a popular Polish man found dead in his apartment a year ago.

Kryszstof Grezegorski, from 35 Hazelbrook Crescent in Letterkenny, was charged with the murder on May 15 last year of Bogdan Michalkiawicz (41).

Michalkiawicz was found dead at his Riverside apartment in Letterkenny. He had been last seen alive two days earlier.

His brother Tomasz sat in court today during the hearing, holding a framed picture of him.

Detective sergeant Michael Galvin told Letterkenny District Court today that Kryszstof Grezegorski made no reply when he was charged with murder this morning.

Judge Paul Kelly remanded the accused man in custody to reappear via video link on June 9 next.

Kryszstof Grezegorski leaving court today

Western Region Drugs Task Force Notification

Recent reports concerning Ecstasy type substances.

Points of Information : 26th May 2014

In recent weeks press reports have appeared concerning a range of ‘Ecstasy type’ substances. There has been a number of hospitalisations and fatalities linked to their use. These substances may be sold as Ecstasy (MDMA) itself or as an alternative drug having similar effects.

Further points of information:

• Ecstasy (MDMA) may potentially be of greater strength (increased purity) than has been common over the past few years.

• Ecstasy tablets now come in an even wider variety of shapes, colours and sizes than previously seen. Examples include: Green apples, Green Rolexes, Ninjas, Superman crests, Blue stars, Dominos, Crosses, Hearts and Ghosts.

• Substances sold as Ecstasy may have other potentially dangerous substances added, such as PMA or PMMA.

• The European early warning system (EMCDDA) has highlighted other new substances such as MDPV or 5-IT (often marketed as ‘Benzo fury’). These may also be sold as Ecstasy. They have been connected to over 100 fatalities across the European Union.

• The warning system has also highlighted concerns about LSD-type substances called 25I-NBOMe (slang terms include : N-bombs); a Ketamine-type substance called Methoxetamine (Slang terms include : Mexxy, M-cat) and a synthetic opioid called AH-7921

• Anecdotal reports have also been received concerning new combinations of drugs with street names such as ‘Scuzz’. This may refer to a ‘cocktail’ that has been produced with the different combined or the sale of the different elements together in one package.

If someone continues to use drugs they should be offered harm reduction advice:

• Only use a small amount in order to gauge the effects over several hours.

• Drink water regularly and avoid mixing any drug with alcohol.

• Using a combination of drugs can be unpredictable.

• Make sure that a non-drug taking friend knows what you are using.

• Injecting any drug increases the risks involved.

• Sharing equipment increases the risks involved, especially the transmission of infection such as HIV and Hepatitis

(adapted from Legal or Illegal Highs. HSE. June 2012)

Advice and support is always available from :

HSE Drugs service (Tel : 1800 459 459) or www.drugs.ie<http://www.drugs.ie>

(WITH thanks to Alan McMenamin for the notice).

A Donegal man who logged into his ex-girlfriend’s Facebook page and posted an insulting status has gone on trial for falsely imprisoning and raping her.

The man, who cannot be named, has pleaded not guilty at the Central Criminal Court to the false imprisonment and rape of his ex-girlfriend at her home in the early hours of April 6, 2011.

He has pleaded guilty to criminal damage by altering her Facebook settings on the same date.

Sean Gillane SC, prosecuting, gave the jury a “health warning” in his opening address that just because the accused has pleaded guilty to one charge does not mean he is guilty of everything else.

The complainant said she had been in a relationship with the man until January 2011. She told Mr Gillane that she started seeing another man but remained in contact with the accused as a friend.

She said she had been in her sitting room with her new partner on April 5, when car headlights beamed off the window blinds. She missed a call from the accused and then heard thumping at the door.

The woman said when she opened the door the accused walked past her into the sitting room. She agreed to speak to him privately and her new partner left the house.

She said as she was speaking to the accused he left the sitting room and she heard the key turn in the front door. She said she realised the man had her phone and she was locked into the house with him.

She said she initially refused his sexual advances, but began to feel weak after he threatened her.

The woman said the man raped her in her bedroom.

She said afterwards she thought the man had left her house, but found him in the sitting room. He grabbed her throat and threatened to harm her boyfriend, before leaving the house with her phone.

The woman said she decided to leave and as she drove down the road, the accused followed in his vehicle.

She said she drove to a friend’s house when the man stopped following her and later realised that he had posted a status purporting to be her on her Facebook page.

The woman denied a suggestion by Isobel Kennedy SC, defending, that she and the accused had engaged in consensual sex.

Ms Kennedy showed the complainant a letter she had written to the accused man in March 2011, which gardaí found in her bedroom. Ms Kennedy pointed out that the letter detailed how she loved the accused.

The complainant disagreed this was indicative of her being in a loving relationship with the man. She said she couldn’t remember writing it, but accepted she must have felt that way at the time.

She agreed with Mr Gillane in re-examination that she had never sent the letter found in her bedroom.

The trial continues before Mr Justice Garrett Sheehan and a jury.

Garda forensic experts at the scene of the stabbing. Pic: North West News Pix

A MAN has appeared in court charged with the knife attack on pensioner Patrick McLoughlin which has left him fighting for his life in hospital.

The 73-year-old was stabbed at his home on Convent Road in Carndonagh on Friday night last.

Lee Mitchell, who is 33 and has an address at Windmill Park in Letterkenny, was also charged with a burglary at another address in Carndonagh on the same day when he appeared at a special sitting of Buncrana District Court today,

He was charged with assault causing harm at Convent Road in Carndonagh.

He was also charged with burglary of a house a Millbrae in the Inishowen town.

There was no application for bail.

Mitchell was remanded in custody to Castlerea Prison and will appear in court again at Harristown on Friday next.

A Donegal fisherman pleaded guilty to off-loading undersized oysters when inspected by officials from Inland Fisheries Ireland. 

Robert Allan, 52, Transallagh, St Johnston admitted to the offence when officials inspected his catch, that was being offloaded onto a lorry at Ballybegley Pier, Manorcunningham on the 13th of September 2013.

The court heard how Mr Allan had 12 bags of Oysters ready to be offloaded, and three of those bags were randomly selected for inspection.

Bag one contained a total of 286 Oysters, 30 of those Oysters were found to be under-sized, bag two contained a total of 271 Oysters, 60 of those were found to be under-sized, while bag three contained a total of 280 Oysters, with 48 of those found to be under-sized.

The court heard how Mr Allan had always been assisted by his son when he fished Oysters, however shortly before this incident his son emigrated and Mr Allan was forced to employ his brother-in-law who was less experienced in this sector.

All the catch was seized by the officials, and the Oysters were returned to Lough Swilly.

Mr Allan admitted that he had taken his eye off the ball when it came to closely monitoring the catch and accepted his punishment.

Judge Paul Kelly took into account that Mr Allan was a seasonal fisherman that fished from September to April, and that there was a significant financial loss when all his catch was returned to Lough Swilly.

Judge Paul Kelly imposed a fine of €500 and gave Mr Allan six months to pay the fine.

Wizzy Brown Bookmakers has been found guilty of operating without a Bookmakers License in several of his betting shops across Donegal at a recent sitting at Letterkenny District Court.  

Shane Browne, 10 Ard Na Mela, St. Johnston, owner of Wizzy Brown LTD was found guilty of operating without a license in his betting outlets in Bunbeg, St. Johnston and Killyclug.

The D.P.P. at the suit of the Revenue Commissioners brought the case against Mr Browne.

Judge Paul Kelly fined Mr Browne €2,500 for operating without a license at Wizzy Brown Bookmakers, in Bunbeg.

Judge Paul Kelly also fined Mr Browne €2,500 for operating without a license at Wizzy Brown Bookmakers in St. Johnston and Killyclug.

Mr Browne also had a number of summonises issued against him in four of his other betting outlets in Ardara, Muff, Convoy and Newtoncuningham which Judge Paul Kelly took into consideration.

Solicitor Donough Cleary, was representing Mr Browne in court, and said that negotiations are on-going between Mr Browne’s accountant and representatives from the Revenue Commission.

Mr Clearly stated that Mr Browne has been involved in the business for over a decade, and wants to get this issue resolved as soon as possible, as he employs a significant number of people across all his shops in Donegal.

A Donegal man accused of falsely imprisoning and raping his ex-girlfriend, has been found NOT GUILTY after a unanimous verdict was returned by the jury at the Central Criminal Court earlier this afternoon.  

Central Criminal Court in Dublin.

The jury which contained six men and six women, returned a unanimous NOT GUILTY verdict on the rape and false imprisonment counts after an exhausting six hours of deliberations.

Today marked day five of what was described as an extremely sensitive and complex legal trial.

The thirty year old was accused of falsely imprisoning and raping the woman at her home in the early hours of April 6, 2011.

He had pleaded NOT GUILTY to both those charges, but pleaded GUILTY to criminal damage by altering her Facebook settings on the same date.

The Donegal man, who can’t be named for legal reasons will be sentenced later this month for the criminal damage of his ex-girlfriend’s Facebook page.

The court were told that the man accessed his ex-girlfriend’s Facebook account and posted an insulting status purporting to be her.

Mr Justice Garrett Sheehan thanked the members of the jury for their diligence, and the careful manner with which they dealt with the trial.

Mr Justice Garrett Sheehan remanded the man on continuing bail until his sentence on June 30.

A WOMAN accused of killing Bundoran surfer Mr Alan McSherry, 48, in a hit-and-run collision last August has been charged with dangerous driving causing his death.  

Victim: Mr Alan McSherry

Lisa Roohan, from Boyanagh, outside Ballyshannon, has been accused of the offence which occurred on the 25th of August last year.

Jo McSherry, had gone to collect her husband who had been out with friends, but instead found Alan dead on the roadside just outside Bundoran.

Mr McSherry, who was 48, was walking the two miles from Bundoran to his home in the townland of Boyannagh when he was hit by a car.

Mrs Roohan appeared at Ballyshannon District Court last month.

Judge Kevin Kilrane remanded her on bail to the same court on June 20 for service of the book of evidence.

Inspector Denis Joyce told him Roohan had surrendered her passport to Gardaí.

Roohan is set to appear before the court on separate driving charges linked to the incident on Friday this week.

The couple, from Birkenhead near Liverpool had been living in the Bundoran area for 13 years, both had a passion for surfing, and Mr Sherry was affectionately known locally as ‘Handy Al’.

Before Mr McSherry’s body was returned for burial to Birkenhead, surfers from Bundoran paddled out to sea with flowers in their own special tribute to their late friend.

A JUDGE has refused to release a man charged with a knife attack which left a 73-year-old man in hospital.

Patrick McLoughlin was stabbed at his home in Convent Road in Carndonagh at the weekend.

He is now in a stable condition at Altnagelvin Hospital in Derry.

Lee Mitchell, who is 33 and has an address at Windmill Park in Letterkenny, was also charged with a burglary at another address in Carndonagh on the same day when he appeared at a special sitting of Buncrana District Court.

He was charged with assault causing harm at Convent Road in Carndonagh.

He was also charged with burglary of a house a Millbrae in the Inishowen town.

A bail application made by solicitor Frank Dorrian was refused on several grounds by judge Mary Devins.

Judge Devins listened to Garda arguments in the case and refused bail on several grounds including the seriousness of the alleged offences, the likelihood of further more serious charges and a history of bench warrants.

A man has been fined for threatening, abusive and insulting behavior in a public place. 

Gordon McBrearty, pleaded guilty to the offence which occurred on the 21st of March, 2014.

The court were told that Mr McBrearty made a string of insulting remarks to a Chinese member of staff, at the popular Chinatower Restaurant located on the Ramelton Road, Letterkenny.

Mr McBrearty then launched into a drunken tirade against an innocent customer in the same restaurant.

He accused the man of being with involved with the ‘Special Branch’ before adding that he also believed the man was an ‘informer’ and a ‘rat’.

The court were told how Mr McBrearty had 12 previous convictions, which were mostly caused due to an excess consumption of alcohol.

Mr McBrearty’s solicitor Mr Rory O’Brien said his client was deeply remorseful for his actions, and said he was just having ‘banter’ with the staff member and just wanted to talk to her, and insisted he didn’t mean to cause any harm or offence.

O’Brien also added that Mr McBrearty denied making some of the remarks he is accused of but pleaded guilty to the offence because he wanted to put the incident behind him.

O’Brien told the court that Mr McBrearty had been in bad place following the break-up of a ten year relationship from which he has two young children.

O’Brien added that McBrearty a qualified architect technologist had been out of that line of work since 2008, and it’s only since 2009 and the break-up of his relationship that the convictions he received began to accumulate.

O’Brien said, Mr McBrearty no longer drank alcohol and was making an honest attempt to get his life back on track.

Judge Paul Kelly said, “What you said was grossly offensive and borders on being racist, there is no excuse for that type of behavior.

“It’s clear you have an issue with alcohol, as in previous convictions it has been a contributing factor in your other convictions.

“This is your yellow card so to speak, I don’t want to see you up before me again.

He fined McBrearty €250 and and gave him two months to pay the fine.

Mr Patrick Ward: Pic Copyright – North West News Pix

A man with a staggering 57 previous convictions including a hit-and-run conviction was granted a €100 bond at Letterkenny District Court today and instructed to attend the next sitting of Tuam District Court later this month. 

Patrick Ward, 14 Reids Apartments, Stranorlar, appeared at Letterkenny District Court charged with being intoxicated in a public place.

Gardaí arrested Mr Ward on the 10th of June 2013, for being intoxicated in a public place and refusing to give them his personal details.

When Gardaí made attempts to move Mr Ward on, they became confrontational and the Gardaí were forced to arrest him.

The court heard how Mr Ward had accumulated 57 previous convictions, and were informed by Gardaí that he was convicted of a hit-and-run incident on the 22nd of January 2013 at Tuam District Court.

Mr Ward was bound to the peace for two years and given a two-year suspended sentence for the hit-and-run incident.

Judge Paul Kelly granted Mr Ward a €100 bond, and instructed the defendant to attend the next sitting at Tuam District Court for a hearing later this month.

A Judge has asked Gardai to find out the full cost of a spate of glue attacks on homes and cars across the county.

William McElwaine appears in court. Pic by NW Newspix.

The man charged with the 29 attacks, William James McElwaine, 27, appeared at Letterkenny District Court yesterday.

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

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

Garda Stephen Moyles told the court that Gardai were still assessing the cost of the attacks.

However, he revealed that one woman had to pay more than €800 after the locks on her car were filled with glue.

The final cost of the attacks is expected to run to several thousand euro.

McElwaine’s arrest followed dozens of attacks in Letterkenny.

On one occasion more than 20 homes at Ballymacool Terrace had their front doors filled with glue.

A local locksmith came to the rescue of the homeowners by offering them a deal to replace the locks.

Judge Paul Kelly said he wanted a full costings of the damage caused before he dealt with the case.

He adjourned the case for hearing until September next.