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MURDER ACCUSED DWYER WORKED AT LETTERKENNY HOSPITAL, COURT HEARS

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The man accused of murdering childcare assistant Elaine O’Hara worked at Letterkenny hospital throughout 2012.

Murder accused Graham Dwyer.

Murder accused Graham Dwyer.

Graham Dwyer, 42, is accused of murdering the 36 year old woman for his own sexual gratification.

A court heard yesterday how architect O’Dwyer worked at the Letterkenny hospital in 2012 but gave no details of his role or where he stayed during his period in Co Donegal.

Evidence revealed how Dwyer has a son who now lives in Ballyshannon and how the pair met in Bundoran while he was working here.

Mr Dwyer (42), of Kerrymount Close, Foxrock, is pleading not guilty to the murder of Ms O’Hara (36) at Killakee, Rathfarnham on August 22, 2012.

Ms O’Hara, from Killiney, was last seen alive near Shanganagh Cemetery in Shankill that day.

Her remains were found by a dog walker in undergrowth in the Dublin mountains on September 13, 2013.

The prosecution maintains Mr Dwyer killed her for his own sexual gratification.

The trial has been ongoing for a number of weeks and is expected to last some considerable time.

 


OWNER OF THE ‘BOG HOTEL’ AGREES TO GIVE BACK ROLLS ROYCE AFTER COURT DISPUTE

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A Donegal pensioner, famous for running a shebeen bar with his Polish girlfriend, has appeared in court in a battle over a Roll Royce car.

Patsy Brogan appears in court after the dispute over the Rolls Royce car was settled yesterday. Pic by Northwest Newspix.

Patsy Brogan appears in court after the dispute over the Rolls Royce car was settled yesterday. Pic by Northwest Newspix.

Patsy Brogan, 78, appeared at Glenties District Court yesterday after settling an action with a woman over the disputed car.

Brogan, who has had several long-running prosecutions over the Bog Hotel, near Frosses, is to be paid €1,450.

The court heard that Bernadette Diver had agreed to pay him back money he gave her for a run-down 1978 Rolls Royce Silver Spirit.

The Irish Independent report the car had belonged to her late husband Hugh Diver, who died in a tree-cutting accident in Ardara, in 2010.

Mr Diver was one of three men arrested and released without charge after a bomb was found at a telecoms mast in Ardara in November 1996. He later gave evidence to the Morris Tribunal, which was investigating allegations of corruption in Donegal.

Mr Brogan said Mr Diver had been a regular at the Bog Hotel.

The dispute with Mrs Diver arose last February, when Mr Brogan claimed she had offered to sell him the car as she needed the money. He said he gave €1,500 to Mrs Diver and he was given the keys and the car’s registration documents.

However, when he hired a specialist Rolls Royce mechanic to check the car, Mr Brogan claimed Mrs Diver, of Meentanadea, Ardara, refused to allow the engineer to examine it

He complained to gardaí but when no criminal inquiry was launched, he took the civil case to the local district court.

Mrs Diver had originally disputed the claims but at Glenties District Court her solicitor Moya O’Donnell told Judge Paul Kelly that she agreed to return €1,450 to Mr Brogan.

The pensioner, who was representing himself, had the decision explained to him by the judge. He adjourned the case to allow payment to be returned. Mr Brogan agreed he would hand back the keys to the Rolls Royce and the registration documents on receipt of the money.

Mr Brogan told the Irish Independent after the case: “I just want to get on with my life now.

“Hugh (Diver) was a regular at the Bog Hotel and a good friend. I agreed to buy the Rolls Royce.

“I never really wanted the car; I thought it might look good parked up outside the hotel and that’s what I was thinking,” he said.

In 2011, Mr Brogan was convicted under the 1924 Intoxicating Liquor Act at Donegal District Court and fined €50 for keeping alcohol for sale.

He said he and his girlfriend, Daria Weiske (35), were still “in love” adding: “She works during the week in Dublin but we still get to spend weekends together.”

Local people say there has been no activity at the Bog Hotel for several months. It’s understood garda checks on the premises in recent times have not found anyone other than Mr Brogan and his girlfriend there.

 

MAN CAUGHT WITH OVER 500 PIRATE DVDs IN THE BOOT OF HIS CAR

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A man has pleaded guilty to having over 500 pirated DVDs in the boot of his car when stopped by Gardai.

Hepburn was caught with more than 500 pirate DVDs in his car.

Hepburn was caught with more than 500 pirate DVDs in his car.

Glen Hepburn, 3 Bridge View Apartments, Lifford admitted to being caught with having 567 pirate DVD’s when stopped by Gardaí outside Clonleigh Social Centre in Lifford.

Hepburn was driving to a car boot sale outside the Clonleigh Social Centre on October 20th 2013 when Gardaí stopped his vehicle and asked could they search it.

The court heard how many of the DVD’s that Mr Hepburn intended to distribute were still in the cinema at the time of the seizure.

Gardaí immediately seized all the DVD’s and arrested Hepburn for copyright infringement.

Solicitor for the defendant Frank Dorrian said that Mr Hepburn was fully co-operative with Gardaí and said he was quite a vulnerable individual.

Mr Dorrian said, “Mr Hepburn didn’t engage in the manufacturing of these DVD’s, he was caught driving the van.

“Mr Hepburn has told me that the DVD’s were typically sold for about €2 or €3 and that he’d be lucky if he made €1 of each of them.

“He realised what he did was wrong, and regrets his involvement in the distribution of these items.

“He was fully co-operative with Gardaí and is a likeable and approachable person but is quite a vulnerable individual and has had some health issues.

“There’s not much of a market for this type of black market trade anymore, as you can watch and stream films online,” he said.

Judge Paul Kelly fined Hepburn 250 euro and bound him to the peace for 12 months.

 

‘THINGS WERE TIGHT’ FOR MAN WHO STOLE RAZOR FROM TESCO

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images (56)A 28-year-old man from Monaghan has pleaded guilty to stealing a razor worth just €3.

Seamus Traynor originally from Monaghan had been in Letterkenny visiting a group of old college friends when the incident took place.

The court heard that on the 24th of September 2014, Gardaí arrested Mr Traynor for stealing a razor from Tesco in Letterkenny.

He was arrested at the scene and the property that was taken was recovered.

Solicitor Kieran Dillon who was acting on behalf of Mr Traynor said his client had no previous convictions and that ‘things were very tight’ for him during this period and that his financial circumstances were poor.

Mr Dillon told the court that Mr Traynor was a former student of LYIT and had studied Engineering from 2005-2009.

Mr Traynor worked for his uncle when he completed his studies, before moving to Australia in 2012.

He spent his time backpacking and working in Australia before returning to Ireland in 2014.

On his return he found it very difficult to gain employment and as a result had financial difficulties which prompted him to steal the razor from Tesco.

Mr Dillon told the court that Mr Traynor deeply regretted the incident and said in the last six weeks he had since again found employment.

Judge Kelly struck out the charge of theft and ordered Mr Traynor to make a donation of €100 to Letterkenny Athletic Club to help their fundraising initiatives.

 

 

BOXER ORDERED TO PAY COMPENSATION AFTER UNPROVOKED ASSAULT OUTSIDE NIGHTCLUB

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A boxer admitted he had no reason to punch a man who was minding his own business on Lower Main Street, Letterkenny after a booze-fuelled night out.

Letterkenny Court.

Letterkenny Court.

Stephen Doherty, 23, with an address at 50 The Garden, Ballymacool admitted to the unprovoked assault.

The court heard how the injured party had enjoyed a night out at Voodoo Venue nightclub.

He was outside having a conversation with friends on the steps of the Ulster Bank just a short distance from the popular club when he was viciously assaulted.

The victim was talking to friends when suddenly he was punched with force on the side of his face.

The victim was shaken by the incident and was confused as to why he had been assaulted and identified Mr Doherty to Gardaí as the person who carried out the assault.

Solicitor for the defendant Frank Dorrian told the court that Mr Doherty does not know why he did it and had no reason for doing it.

Mr Dorrian said, “Mr Doherty has absolutely no reason to explain why he did what he did, he doesn’t blame anybody else for it, but can’t understand as to why he hit the victim.

“He simply has no reason to give as to why he did it, he fully accepts what he did was out of order and deeply regrets his actions but can’t explain why he carried out the assault.

“He was hopelessly drunk  that evening and alcohol no doubt played a factor in this random assault.

The court heard how Mr Doherty may have a job opportunity in the construction industry, and while it’s not a concrete offer, he’s hoping he can gain employment.

Mr Dorrian told the court the defendant offered to pay his victim €500 in compensation as a gesture for his remorse.

Judge Paul Kelly said he believed Mr Doherty was genuinely remorseful for his actions and ordered him to pay the injured party €500 in compensation.

 

MAN AVOIDS LOSING LICENSE AFTER FISH-TAILING INCIDENT

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A young Donegal man has avoided losing his driver’s license despite undertaking dangerous driving manoeuvers in icy conditions.gavel1  

Christopher McGarrigle, 22 with an address at 10 Radharc Na Mara, Falcarragh was charged with dangerous driving on December 28th last.

Gardaí observed Mr McGarrigle ‘fish-tailing’ twice during what was described in court as very icy road conditions at the time.

Gardaí were forced to pull the driver of the Lexus car over and speak to him.

Gardaí observed that Mr McGarrigle was carrying two passengers on-board, and subsequently charged him for undertaking such dangerous driving manoeuvers.

Frank Dorrian, who was acting on behalf of the defendant, said his client was a person with excellent character, and that he had no previous convictions.

Frank Dorrian said, “He’s a person with excellent character and has no previous convictions.

“He’s currently working in London, and has been in steady employment since he was 17 and he’s 22 now.

“He’s a hardworking young man who wants to put this incident behind him and deeply regrets his driving.

“He assures me he will not drive like that again and has learned a valuable lesson.

When addressed by Judge Paul Kelly the defendant expressed his remorse for the incident.

Mr McGarrigle said, “I’m very sorry for what I done, I really regret it now and I won’t do it again.

Judge Kelly then responded by saying, “You could’ve regretted it more if you had caused a serious accident.

Judge Kelly said he wouldn’t disqualify Mr McGarrigle from driving but fined him €300 and gave him three months to pay it.

 

SNOW JUSTICE! JUDGE FORCED TO ADJOURN CASES BECAUSE OF WEATHER

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Judge Paul Kelly has been forced to adjourn a number of cases at Letterkenny District Court because of the weather conditions today.

Judge Paul Kelly

Judge Paul Kelly

A number of defendants failed to appear to answer their cases.

At one stage an accused person from Ballybofey was due to appear to answer charges.

Judge Kelly asked “Does anyone know what Ballybofey is like this morning?”

He was told it was not good.

Solicitor Frank Dorrian even told the court that one of his clients had crashed on the way to court but was okay.

Solicitor Patsy Gallagher said one of his clients lived in remote Churchill and there was no way he would make it to court.

State solicitor Kieran Liddy said he had no problem agreeing to adjournments under the circumstances.

A number of cases were adjourned back to ‘better weather’ in June.

 

MAN REMANDED IN CUSTODY AFTER ALLEGEDLY TELLING WITNESS HE’D ‘CUT HER TO RIBBONS’

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A man currently in custody in Castlerea Prison has been refused bail after he allegedly threatening a witness in his forthcoming trial.gavel1

Patrick McLaughlin, with an address of 15 C, Lower Main street, Letterkenny denied the allegation at Letterkenny District Court.

The court heard how the witness who is a relation of McLaughlin made a statement to Gardaí claiming that he told her he would ‘cut her to ribbons’.

Mr McLaughlin is in custody facing a serious assault charge.

His trial for that alleged incident will take place in April.

However, he appeared before Judge Paul Kelly seeking bail.

The court heard how the witness lives in fear of Mr McLaughlin and would be terrified if he were granted bail.

Solicitor on behalf of Mr McLaughlin Patsy Gallagher said that his client would sign on twice-a-day at Letterkenny Garda station.

He also said his client, who is originally from Scotland, wasn’t a flight risk as Gardaí already had his passport and he wouldn’t seek it if he were granted bail.

Mr McLaughlin then addressed the court and said he would avoid all parties involved in the incident if he were granted bail.

He also agreed to move back in with his parents if it appeased the court.

Inspector Goretti Sheridan also revealed that during a search of Mr McLaughlin’s apartment five blades and ten knives were recovered along with two scalpels.

Mr McLaughlin admitted to having the ‘crabbing’ knives for designing and crafting small trains and planes.

Judge Paul Kelly denied Mr McLaughlin bail on the basis that the witness was living in fear of him.

He remanded Mr McLaughlin until his trial on April 28th.

 


JUDGE ASKED NOT TO JAIL 38 STONE TOBACCO-DEALER BECAUSE OF HEALTH PROBLEMS

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A judge has been asked not to jail a morbidly obese illegal tobacco-dealer because of his health problems.

Illegal cigarettes.

Illegal cigarettes.

Sean Barclay, who weighs 38 stone, was due to appear before Letterkenny District Court today charged with having illegal cigarettes.

But the 43 year old could not appear because a big enough wheelchair could not be found in time for his court appearance, according to his solicitor.

Members of the Customs and Revenue raided the home of the father-of-four on March 6th, 2013 and found two boxes of cigarettes and tobacco with no Irish tax stamp on them.

Barclay, of 7 Errigal Road, Letterkenny, admitted he had bought the cigarettes from a friend in Derry and knew they were illegal.

The court heard how Barclay, a former butcher, had €1,855 in his pocket, €1,410 of which he admitted came from selling cigarettes.

His solicitor Patsy Gallagher said his client accepted what he was doing was wrong but it was merely a mechanism for making some cash.

He said a jail sentence would have disastrous consequences for Barclay.

“His health is dire and I am asking the court not to impose a custodial sentence because it will have a devastating effect on him and his health.

“His health has got worse and his family are very concerned for him. His house was repossessed and he is currently awaiting to be rehoused.

“He would have tried to get him here if a wheelchair had have been organised in time,” said Mr Gallagher.

He said Barclay was now house-bound and had a carer.

The court heard that the accused has one previous conviction, also for possessing illegal tobacco, for which he received a two month suspended jail sentence.

The court heard the cigarettes and loose tobacco seized at Barclay’s house had a value of more than €6,800 to the state.

The Revenue Commissioner’s office had also issued Barclay with a writ for €16,000.

Judge Paul Kelly said he was imposing a mandatory fine of €2,500 on Barclay because it was his second offence.

 

 

DRINK-DRIVE CASE AGAINST TERMON GAA STAR ADJOURNED OVER IRISH LANGUAGE DEFENCE

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Kevin McMenamin leaving court

Kevin McMenamin leaving court

THE case against a former Donegal county footballer for alleged drink-driving last summer has been adjourned after claims that he should have received a certificate from a breathalyser in Irish and English. 

Kevin McMenamin, 34, of Termon, Co Donegal, appeared at Letterkenny District Court yesterday on a single charge of driving whilst over the drink-drive limit in July last year.

He has pleaded not guilty to the charge.

The court heard that Garda Kevin Hynes arrested McMenamin at 5am on July 26 in Ballyraine, Letterkenny, after spotting a black Toyota car being driven from side to side on the road.

McMenamin’s eyes were blurred and he was slurring his words, said Garda Hynes, who arrested him and took him to Letterkenny Garda station to be breathalysed.

At the station Garda Sean McDaid said McMenamin had behaved in an aggressive manner while being told he had to wait 20 minutes without consuming food or water or smoking before the test could be carried out.

“He told Garda Hynes that he would see him again on a night out. He also called him a clown,” said Garda McDaid.

Defence solicitor Frank Dorrian questioned Garda Hynes on why there was a 15-minute delay in processing the prisoner.

Garda Hynes answered twice that he had been preparing the intoxilyzer machine. When asked the question for a third time, Judge Denis McLoughlin said he believed the garda had answered the question, with Garda Hynes replying: “I don’t know.”

Mr Dorrian objected to the the judge interjecting, saying he was entitled to cross-exam the witness.

The court heard the breathalyser machine gave a subsequent reading of 52 micro grammes of alcohol per 100 millilitres of breath, more than twice the legal drink-drive limit.

The court that McMenamin had told gardai he’d had four pints of beer.

This print-out, or certificate, was handed into the court.

The solicitor then put forward a legal argument that his client was entitled to have the certificate in a bi-lingual format and the one produced by gardai was in English only.

He said a similar legal challenge was due before the High Court.

Judge McLoughlin said he would not proceed with the case whilst a legal challenge was before the High Court.

He said he was also excluding himself from hearing the case again and adjourned the hearing until March 16 for a new date to be fixed.

 

MAN TRIED TO CHOKE HIS LOVE RIVAL CLAIMING HE WAS THE DEVIL

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A man tried to choke another man believing he was the devil after he started dating his wife.

Gasior leaving court today. Pic by Northwest Newspix.

Gasior leaving court today. Pic by Northwest Newspix.

Robert Gasior appeared in court in court in Letterkenny today charged with assaulting his love rival Robert Nessbert.

Mr Nessbert, from Cardiff in Wales, began dating Mr Gasior’s former wife Joanna.

However Gasior, 37, a Polish national, could not accept the relationship was over and tried to assault Mr Nessbert at Lawnsdale, Ballybofey on December 31st, 2013.

Mr Nessbert, who sat at the back of Letterkenny Dsitrict Court today with his girlfriend, Gasior’s former wife, revealed details of the attack.

He said that Gasior, of Beechwood Avenue, Ballybofey, is using his religious feelings to attack him.

“He says that Jesus Christ is going to get me. He thinks I’m the devil. He thinks because he believe in God he has a certain right to come to me and preach. He just won’t accept that it is over. We have found our way to live and we just want him to do the same.

“He has tried to bless me – he’s not a normal person. I do feel threatened because I don’t know what he’s thinking. He said Jesus Christ is going to get me.”

He added that on the day of the assault Gasior tried to choke him.

“He approached me and asked me if I was sleeping with his wife. I asked him what did he think as we had been seeing each other for nine months.

“I called him a coward. His actions are that of a coward. He said that he needed to protect his family from the devil. I would have to question this man’s mental health.

“He puts his hands around my throat and another witness called the Gardai,” he said.

Solicitor for Gasior, Mr Patsy Gallagher, said the incident had had a devastating effect on his client and this could be seen from his demeanour in court.

Judge Denis McLoughlin said that because the incident happened back as far as 2013, and because he didn’t consider the incident as particularly serious and Gasior had no previous convictions, he would apply the probation act.

 

IRISH DANCE TEACHER ORDERED TO PAY €500 PER MONTH IN ABUSE CASE

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Michael Quigley outside court today. Copyright North West News Pix

Michael Quigley outside court today. Copyright North West News Pix

AN Irish dance teacher has been ordered to pay a woman he was accused of sexually assaulting €500 per month as part of a damages claim.

Judge Paul Kelly made the ruling at Letterkenny District Court today against Michael Quigley, of Barnhill Park, Letterkenny.

Quigley had faced two criminal trials on indecent assault charges but juries had failed to reach verdicts in both cases.

Dana Doherty, now 44, took a civil action for damages and last year the Supreme Court upheld a €400,000 pay-out.

Quigley has refused to make payments to Ms Doherty and had refused to comply with an earlier order of the District Court to provide details of a Credit Union account held in Derry.

Senior counsel Desmond Murphy, acting for Quigley, attempted to have the case halted before today’s court.

He argued that the Supreme Court judges had not yet issued an written judgement in the case and he said that there may be grounds to appeal their decision to the European Courts.

Until that written judgement was issued, he argued, all other legal cases should be put on hold.

Orla Sharkey, solicitor for Ms Doherty, said however that the Supreme Court decision stood and even if there were grounds for a further appeal, the decision of the High Court for the immediate award of €50,000 of the settlement stood.

She said Ms Doherty had been reluctant to pursue payment through the District Court because of the publicity that would surround it.

Mr Murphy said Ms Doherty had “revelled” in the publicity surrounding the Supreme Court decision.

Ms Sharkey objected strongly to those comments describing them as “appalling”.

She said Judge Kelly had the jurisdiction to take the case and make an order for payment.

Judge Kelly agreed, saying that whatever the legal situation over the entire settlement “I am satisfied at the very least the applicant (Ms Doherty) is entitled to seek payment of the €50,000.”

The judge said he was making an order for the payment of €500 per month based on evidence he heard from Mr Quigley at the same court last month in which he said his weekly income was €339 from his Derry Journal pension.

 

FERRY’S REFUSE BOSS TOLD TO COMPLY WITH COURT ORDER OVER MASSIVE COUNCIL DEBT

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Mr Ferry outside court last month

Mr Ferry outside court last month

A JUDGE has warned a refuse collection company owner to comply with his court orders and hand over accounts from his banks and businesses.

Jim Ferry, (58), from Rossbracken, Letterkenny, had failed to comply with a previous order by Judge Paul Kelly.

At Letterkenny District Court today Judge Kelly warned Ferry he could be contempt of court and he criticised his Dublin-based solicitors Ferry’s Solicitors.

Ferry owes Donegal County Council €320,000 in unpaid landfill fees and charges.

Lisa Finnegan, solicitor for the council, said Ferry had failed to provide a proper statement of his income and expenditure and when listing his debts had failed to include €39,000 he owes the council after being found guilty of illegal dumping.

Solicitor Kevin McElhinney said he had only become aware of the latest details on the case this morning as he was acting as an agent for a Dublin-based company called Ferry’s Solicitors.

“There is no rocket science involved in compiling a statement of means. What he has furnished to date is entirely inadequate,” said the judge.

The judge said the Dublin legal firm had “a lot to answer for.”

He said they would be experienced in providing statements of means to the courts and they would have known what has been provided was inadequate.

“The solicitors are well-known practitioners of great experience and perhaps it reflects a complete lack of cooperation being provided by Mr Ferry to them,” said the judge.

He told Mr McElhinney: “I know you are acting as an agent but can you bring it to the attention of Ferry’s Solicitors that they should acquaint Mr Ferry with the laws on contempt of court.”

The judge ordered that Ferry produce all bank statements from January 1, 2013, to February 28, 2015, to be filed within 21 days of Wednesday’s court.

He also ordered him to produce accounts for both Ferry’s Refuse Recycling Ltd and Ferry’s Refuse Ltd and to disclose details of the relationship between both companies.

Ms Finnegan said that Ferry should disclose all his assets, including a Danske Bank mortgage and a farm and property at Upper Derryreel, Falcarragh, and at Slieve Sneacht, Letterkenny.

The judge agreed.

He adjourned the matter to the April 1.

WOMAN DENIES GETTING HER TEN YEAR-OLD CHILD TO STEAL

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A Letterkenny mother-of-two has denied she told her 10-year-old child to steal a product from the EuroGiant store at the Courtyard Shopping Centre.

Letterkenny Court.

Letterkenny Court.

Melissa Byrne of 18 Whitehorn Grove, Gortlee, said she gave her child €20 to go in the store and buy a heater.

However, the court heard that the child went in the shop, retrieved the heater and then left it beside the door.

Melissa Byrne then lifted the product and proceeded to walk away from shop.

She claims she thought her child had paid for the heater with the money she had given him.

The court heard how all of the activity was recorded on CCTV and that Ms Byrne was stopped from leaving The Courtyard Shopping Centre with the item by security staff.

She was subsequently arrested for handling stolen property.

Solicitor for the defendant Patsy Gallagher said his client was deeply remorseful for what happened and deeply ashamed at what has happened because her children were involved.

Mr Gallagher claimed his client thought her child had paid for the heater with the €20 she was given.

Mr Gallagher told the court, “We accept what happened was wrong, my client has found herself in some very difficult and traumatic circumstances of late and is looking after the children on her own.

“She deeply regrets what has happened and is both remorseful for it and ashamed that her children were implicated in this nasty incident.

“She gave her child €20 and she thought he had paid for it, but obviously he didn’t and that’s were the issue arose.

“She wants to put this sorry episode behind her and move on.”

Judge Paul Kelly said he wanted to find out more about her background and ordered a probation report to be carried out on the defendant.

He adjourned the case until May 7th.

 

WELL-KNOWN LETTERKENNY BARS FINED FOR NOT HAVING LICENSES

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Two well-known Letterkenny bars have been fined €1,000 each for not having drinks licenses.

The Brewery Bar in Letterkenny.

The Brewery Bar in Letterkenny.

Letterkenny District Court heard how officers from the Customs and Excise Unit called to both the Central Bar and the Brewery Bar, both owned by the Blaney family, on separate dates in September 2013.

On both occasions officers bought glasses of whiskey and then asked the barmen if the bar had a proper license.

They were told that they could not locate the licenses.

Representatives from the Revenue Commissioners office met with directors from the companies which own the bars.

They said that Michael Blaney was the managing director but had been ill and the license for the Central Bar had been allowed to lapse.

The court was told that the Brewery Bar was operated by Boyle Enterprises but the company had been struck off and could not get a license.

The court was told that both licences had been out of date for approximately two years.

Judge Paul Kelly fined each bar €1,000.

 

 

 

 

 


FORMER SOLDIER AVOIDS JAIL AFTER SEX ATTACK AT DUBLIN AIRPORT

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A Donegal-based former Russian Special Forces soldier who said he was suffering flashbacks when he wrestled a teenage girl to the ground and sexually assaulted her at Dublin Airport has avoided jail.

Liudas Vaisvilas

Liudas Vaisvilas

The 51-year-old Lithuanian man told gardaí he was having flashbacks to his time with the Russian military in Siberia and believed he was protecting his girlfriend from falling bombs.

Liudas Vaisvilas, of Glenveagh Court, Letterkenny, pleaded guilty at Dublin Circuit Criminal Court to sexual assault at Terminal 2 in Dublin Airport on April 10th, 2014.

Hours after he was released from Garda custody following the incident, Vaisvilas was arrested for sexually assaulting a young girl in a similar way at Eddie Rocket’s Diner on O’Connell Street.

Judge Patrick McCartan had previously remanded Vaisvilas in custody for a full psychiatric assessment after he said he was concerned he may offend again.

The psychiatric assessment concluded that Vaisvilas was in a temporary state of mind resulting from a combination of extreme tiredness and recent bereavements.

The judge suspended a sentence of three years on condition he keeps the peace for that time and obeys any instructions of the Probation Services. Vaisvilas has been in custody since the offence because he was unable to pay the €1,500 required under his High Court bail.

The Irish Times reports that Judge McCartan noted that he is at a low risk of reoffending and is remorseful.

He said it must have been a huge shock for the victim to be set on by this huge man and thrown to the ground and groped over her clothes.

Garda Tanya Shinkins told Noel Carroll BL, defending, that the 19-year-old victim was sitting in the airport waiting for a flight at about 10.30pm when Vaisvilas walked right up and put his face very close to her.

He asked her repeatedly if she had the internet and then sat down beside her and grabbed her between her legs.

The girl was in shock and started screaming for help but a man sitting near her seemed also too shocked to help. The girl went running towards two airport officials for help but Vaisvilas rugby-tackled her to the ground.

He had one hand between her legs and the other on her bottom and the girl said she felt helpless and couldn’t breathe as he was so strong.

Airport authorities and members of the public managed to get Vaisvilas off the girl and he was arrested shortly after midnight.

Vaisvilas said he was shocked when shown CCTV footage of the incident and wanted to apologise and explain to the girl that he had been “crazy” and “confused in his mind”.

Dominic McGinn SC, defending, said his client’s mother and another relative had died recently, and he had missed a flight home to Lithuania for a funeral.

He had not slept for the previous five or six days, had drunk some vodka, and was having flashbacks to when he worked in the Russian army, counsel said.

Vaisvilas was previously sentenced to a six-month suspended sentence for the second sexual assault in Eddie Rockets

Vaisvilas has lived in Ireland for nine years and worked at a meat-packing plant in Letterkenny.

COURTS NOTICE: MOTIONS COURT POSTPONED UNTIL TUESDAY

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gavel1CHANGE OF DATES: COURTS SERVICE

THE Motions Court scheduled for tomorrow, Monday 9th March will be held on Tuesday 10th March instead in Letterkenny Courthouse.

 

CHURCHILL MAN APPEARS IN COURT IN CONNECTION WITH SHOOTING

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A 46 year old Churchill man charged in connection with a shooting incident has had his case adjourned until April 13th next for directions of the DPP.

Letterkenny Court.

Letterkenny Court.

Patrick Joseph Friel appeared at Letterkenny District Court this morning.

Mr Friel, of Ballynakillew, faces two charges.

The first is a Section 3 assault under the Non Fatal Offenses Against The Persons Act.

The second is that he did discharge a firearm being reckless as to whether any person was injured or not contrary to Sec 8 of the Firearms Offenses Weapons Act 1990.

Both offenses are alleged to have occurred at Ballynakillew on Saturday, January 3rd last.

Mr Friel had surrendered his passport and is signing on once a week on Saturdays at Milford Garda station between 9am and 9pm.

Mr Friel was also ordered to stay away from any witnesses in the case.

 

JUDGE SUGGESTS MAN CARRY OUT REPAIRS TO GARDA CELL HE DAMAGED

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A Judge has suggested a man who damaged a Garda cell carry out the repairs the himself – after hearing the price of the renovations.

Letterkenny Court.

Letterkenny Court.

Joseph Crossan was arrested for being drunk and for using threatening and abusive language to Gardai in Milford on November 14th last.

Crossan, 33, was taken to Milford Garda station where he used a coin to scrape his name onto the wall of the Garda cell.

He appeared at Letterkenny District Court to face the charges today.

Garda Inspector John O’Toole revealed the cost of the repairs which had been passed on by the Office of Public Works was for €205.

Judge Paul Kelly expressed surprise at the cost of the repairs.

Inspector O’Toole said the entire wall of the cell had to be repainted and part of it filled in.

Judge Kelly asked for a probation report be carried out on Crossan, of 158 Upper Mount Marrion in Milford.

Solicitor Kieran Dillon said his client suffered from mental health issues and was receiving ongoing treatment adding that he was willing to pay compensation for the damage he caused.

Judge Kelly added “Perhaps as part of his probation service, he could paint the cell.”

 

FORMER DONEGAL SCHOOL PRINCIPAL APPEARS IN COURT ON €74,321 THEFT CHARGES

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A former school principal from Co Donegal has appeared before a court charged with theft from a government department and the school’s board of management.

Finbarr Boyle who is originally from Ardara.

Finbarr Boyle who is originally from Ardara.

The charges arise out of a two-year Garda investigation into the thefts of funds allocated to a rural primary school in Co Cavan.

Finbarr Boyle (35) is alleged to have stolen €74,321 in cash and cheques worth €10,340 and to have forged a cheque and invoice between November 9, 2009 and February 29, 2012.

Mr Boyle, of Annalee Manor, Ballyhaise, Co Cavan, but who is originally from Ardara appeared before Cavan District Court where he was remanded on bail to appear again on May 25.

The accused was the principal of Kilnaleck National School in Co Cavan until just under two years ago.

He faces five separate counts of stealing a total of €73,320 from the Department of Social Protection between November 9, 2009 and February 3, 2011.

He is further charged with four counts of theft of €1,001 and cheques totalling €10,340, the property of the board of management of Kilnaleck National School, between November 3, 2008 and April 7, 2009.

Mr Boyle is also charged with two counts of forgery, namely making a false invoice for food in the name of Sharpmount Limited, Moynehall, Co Cavan, and making a false Ulster Bank cheque.

Sgt Michael Fitzpatrick from Kilnaleck Garda Station told the court he arrested Mr Boyle by arrangement.

He said Mr Boyle made no reply when the charges were put to him.

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