Donegal Gardai have been asked to hand over any in-car film footage involving a man who claimed he was having a heart attack after being stopped by Gardai.

Letterkenny Court.

Seamus Duffy was stopped by Gardai on April 7th last in Ballybofey during  routine traffic patrol.

However Mr Duffy, 50, claims he began to suffer chest pains during the incident.

Gardai left the scene and Mr Duffy was transported to hospital in an ambulance.

He later made an official complaint to the Garda Ombudsman about the behaviour of the Gardai involved.

The Ombudsman then wrote to Mr Duffy on November 28th last informing him that both Gardai had been found to be in breach of discipline.

The investigating officer said both “were found to be in breach of the Garda Siochana (Discipline) Regulations 2007 in relation to neglect of duty and were dealt with by way of Advice.”

Mr Duffy has since been charged with using threatening and abusive or insulting behaviour and appeared at Letterkenny District Court to answer the charge yesterday.

A further charge of obstructing Gardai against Mr Duffy of 11 Railway Railway Avenue, Killygordan, was withdrawn.

Solicitor Rory O’Brien said he was making an application for CCTV footage from the Garda car involved in the incident.

He said the case was a highly contentious one which had already been the subject of a Garda Ombudsman investigation.

Garda Inspector John O’Toole said he did not know if there was CCTV in the Garda car and asked for the case to be adjourned until May 7th to find out.

A Churchill man was caught with orange paint on his hands and clothing after a woman’s house was attacked with paint.

Raymond McGlynn was interviewed by Gardai after the home of Patricia Hegarty at Abbey Village in Kilmacrennan was attacked on July 1st, 2011.

Her homes and some of her clothing on a clothes line was covered in orange paint.

McGlynn, 31, of Claggan, Churchill, was staying at another nearby house.

Gardai found orange paint on his hands and clothing and admitted being involved.

He said he had been heavily intoxicated and although he could not remember the attack, he mist have been responsible, he told Gardai.

Letterkenny District Court heard that McGlynn has 12 previous convictions for a range of offences including being intoxicated, damaging another person’s property, having no insurance and failing to comply whir the directions of Gardai.

Solicitor Patsy Gallagher said his client plans to compensate the injured party.

He said McGlynn was about to start radiotherapy for a tumour on his brain and that this was a relapsed tumour.

Although the prognosis was good, he added that it was guarded.

Judge Paul Kelly adjourned the case until September to allow for a probation report to be compiled on McGlynn.

MORE than 120 repossession cases have been listed for hearing at Letterkenny Registrar’s Court today.

All the cases had been due to be heard yesterday, but they were adjourned as the Registrar Joe Smith had been sitting in Cavan.

The Irish Land League represented some of the 122 people this morning, objecting to the cases going ahead.

Ciaran Moyne from the organisation said one woman who is facing the repossession of her home had spent €47 travelling to court yesterday and couldn’t afford to come again today.

Registrar Smith agreed to adjourn five cases of people who were in court this morning.

Mr Moyne said it was “deeply unfair” that people had come to court yesterday to discover their cases had been adjourned until today.

Mr Smith said however that “no-one will be treated unfairly”.

This morning’s cases were adjourned until July 13.

A man caused €356 of damage to an off-duty Garda’s car when he struck it with a bottle of vodka.

Rory Gildea, 22 was walking home from a party in Ballybofey when he threw the bottle across a road.

Garda Kieran McDermott was driving home after completing his shift when the bottle struck the grill of his car, Letterkenny District Court was told.

He contacted his colleagues who quickly arrested Gildea, of Forest View, Ballybofey.

Solicitor for Gildea, Mr Kieran Dillon, said his client did not know Garda McDermott but was merely discarding the bottle which accidentally struck the passing car.

He said he had never had any dealings with the Garda and was very sorry for the incident.

Gildea appeared in court charged with criminal damage, intoxication and using threatening abusive or insulting behaviour.

Judge Paul Kelly said the incident could have had very serious consequences for Garda McDermott.

Inspector John O’Toole told the court that Gildea, whose partner is expecting a child, has previous convictions for burglary and criminal damage.

Judge Kelly adjourned the case until May 25th for a probation report.

He warned that he may not be in a position to give the accused community service.

“This man has been causing a lot of trouble and he could have caused an accident with very serious consequences,” he said.

A young woman drove a man on the bonnet of her car and broke a red light after he demanded she take him for chips.

Lisa McGinley – drove man on bonnet of her car. Pic by Northwest Newspix.

Student Lisa McGinley drove her car for more than 500 yards up the Main Street of Letterkenny with the stranger on board.

Ms McGinley, 20, appeared before Letterkenny District Court today facing a number of charges.

The court was shown CCTV footage of the incident which took place on October 20th, 2013.

The footage showed hundreds of revellers emerging from a local nightclub and a man jumping onto the bonnet of Ms McGinley’s white Honda Civic car.

The video then shows the man giving the thumbs-up to passers by as Ms McGinley carries the man on the bonnet, before breaking a red light and then pulling in at a local chip-shop.

The man is then seen shaking Ms McGinley’s hand after the incident.

Solicitor for McGinley, of Broomfield, Castlefin, Lifford, Mr Frank Dorrian, said the man was a complete stranger and said he would only get off the car if the driver took him for chips.

He added that his client was very anxious on the night and had been remonstrating with the man to get off her car bonnet.

Mr Dorrian said his client was a science student at Letterkenny Institute of Technology and had no previous convictions of any kind.

Judge Paul Kelly asked “Why didn’t she just stop? What would have happened if this lunatic had fallen off the bonnet?”

The court was told the identity of the man who jumped onto the car bonnet was still not known.

Ms McGinley faces three charges including dangerous driving, driving past a red light and using a vehicle without an NCT certificate.

Judge Kelly said he was recommending that Ms McGinley undertake the local Pro Social Drivers course to improve her skills and knowledge of the road.

A man pulled up the handbrake of a taxi and threatened to rip out the car’s meter after he thought the driver was taking him to the local Garda station.

Stephen Harper

Stephen Harper appeared before Letterkenny District Court to face a number of charges.

Harper, of Ard Mhullean, Convoy, got a taxi on July 9th last.

Once he was in the car he told driver Patrick McDaid that he only had €20 but was told the fare would cost about €25 or €26.

Garda Inspector Michael Harrison said the driver gave evidence that he didn’t know what was going to happen as Harper was grabbing his phone from him and also had a bottle of vodka in the car.

The driver decided to drive to the Garda station but was confronted by Harper who asked him if he was taking him to the Garda station.

Harper, 21, eventually pulled the handbrake of the car and ran off without paying the fare.

Mr McDaid said the car came to a screeching halt and had been travelling at about 30 mph.

Harper’s solicitor, Mr Kieran Dillon, said his client suffered from ADHD, and had a difficult relationship with his father and the pair had fallen out that day.

He said he was very apologetic to the taxi-driver and had posted him the €20 fare which he had not paid.

The court heard that Harper had some previous convictions for theft, public order and failing to comply with Gardai.

Judge Paul Kelly sentenced Harper to two months in jail but suspended it for 12 months for using threatening and abusive behaviour and 40 hours community service for making off without paying the fare.

He took other charges into consideration.

And he warned Harper “It’s in your hands to stay out of jail.”

A lorry driver overtook another lorry driver on a continuous white line and almost crashed head-on into an oncoming Garda patrol car.

Letterkenny Court.

Joseph McCauley, 54, appeared before Letterkenny District Court yesterday charged with dangerous driving at Currin, Termon, on November 5th, 2013.

Gardai revealed it was 8.15am when they noticed a lorry overtaking another lorry on a continuous white line and that the lorry had to pull in sharply to avoid colliding with the patrol car.

Solicitor for McCauley, Mr Frank Dorrian, said the other lorry had indicated that he was pulling into the left and that it was a wide enough road with plenty of room to pass.

However as McCauley, of Lower Drung, Quigley’s Point, passed, the other lorry failed to slow down.

Judge Paul Kelly remarked that the reason there was continuous white lines on the road was the vehicles would not overtake eachother at that point.

He said that because McCauley had no previous convictions, he would reduce the charge to one of careless driving and imposed a fine of €300.

A man who stole a phone for his sister during a ‘distraction theft’ has been fined €150.

Rosta – stole phone for his sister. Pic by Northwest Newspix.

Sabine Rosta, 23, was at Twin Towns Oils in Cappry, Ballybofey when the incident happened on February 21st last at around 1.20pm..

Another man, who was along with Rosta, distracted employee Rachel McGinley by querying the amount of change he had received back.

When the men left the petrol station, Ms McGinley noticed the €400 Nokia phone was missing.

The two men were later located in Stranorlar and were identified by Ms McGinley.

Initially Inspector Michael Harrison told Letterkenny District Court that the phone had not been recovered.

But solicitor for the accused, Mr Patsy Gallagher, revealed he had recovered the phone from Rosta.

Mr Gallagher said his client as pleading guilty saying his sister had been looking for such a phone and that the father of four had wrongly taken advantage of the opportunity.

Judge Paul Kelly fined Rosta, of 14 Swiftbrook Avenue, Tallaght, €150, and gave him four months to pay.

A DONEGAL man who rented a farmhouse to a Chinese drugs gang so they could grow more than €200,000 worth of cannabis has been sent to prison for 18 months.

Ivan Mahon, (47),  of Cavangarden, Ballyshannon, was jailed for two years with the last six months suspended for knowingly allowing his property to be used for growing drugs.

Mahon’s brother David was Assistant Grand Master of the Orange Order.

Donegal Circuit Court heard that when gardai raided the house at Garvannagh near Ballintra on January 24, 2013, Ivan Mahon had fled over nearby fields.

The grow house was being dismantled and some of the equipment was in Mahon’s jeep. Cannabis worth €212,000 was inside and two Chinese nationals arrested.

Judge John O’Hagan said he had given a suspended sentence to one of them because of his age and he had been suffering from dementia whilst the second Chinese national had been jailed for three years, with the last year suspended.

Detective Sergeant Barry Doyle said when he arrested Mahon later he had denied involvement in the drugs operation, only admitting some involvement in the latter stages of eight interviews.

Judge O’Hagan said Mahon’s role in the drugs operation was different from many other Irish nationals who had perhaps rented premises to people not knowing what their plans were.

“There is an epidemic of these grow houses right across Ireland. They are in every county and gardai are working ceaselessly to find then,” said the judge.

He said Mahon knew what he was doing and the consequences of his actions.

“It leads to a lot of trouble and misery in our society,” said the judge.

He jailed Mahon for two years but suspended the last six month of the sentence as Mahon had pleaded guilty.

Mahon was handcuffed and led from the court.

Donegal fisherman John Downey had received letter saying he was not wanted by police

THE Sinn Fein boss who dealt with the issue of on-the-run republicans has today slammed a report by British MPs as “political manipulation”.

Gerry Kelly said the parties on the House of Commons committee who drafted the report were “political opponents” of Sinn Fein and he expected nothing less from them.

And he denied the so-called ‘administrative scheme’ dealing with on-the-run suspects was a “secret”, saying his political adversaries knew about it as far back as 2001.

Today’s report by a cross-party group of British MPs was compiled after Donegal fisherman John Downey had murder charges against him thrown out at the Old Bailey in London in February 2014.

The case collapsed after it emerged Mr Downey – a senior Sinn Fein figure in Donegal – had received a comfort letter from the British Government saying he was not wanted by any police force.

However, it later emerged that he was wanted by Scotland Yard over the 1982 Hyde Park bombings.

A subsequent report by Lady Hallett said the scheme was not a secret and was not unlawful.

Gerry Kelly said he is not surprised by the findings of the British MPs.

He stressed that he put more trust in Lady Hallett’s previous report on the matter.

Mr Kelly said: “As far as I was concerned this was a political manipulation of an issue as opposed to Lady Hallett who came in and investigated the issue.

“At no time was this issue a secret. People knew all about this as far back as 2001.”

Former Finn Harps manager Patsy McGowan has been ordered to pay a man €15,800 damages after he brutally assaulted him in the boardroom of the club.

Shane McConnell leaving court today. Pic by Northwest Newspix.

McGowan assaulted fellow board member Shane McConnell at the Co Donegal club following a fall-out over internet rumours.

Mr McConnell, of Navenney Street, Ballybofey, appeared at Letterkenny Circuit Civil Court  today after taking an action for damages against McGowan, 77.

The victim, who is now 34, told the court how he had grown up beside Finn Park and was a  fan of the club all his life.

He sold programmes as a young boy and went to as many games as he could.

He was involved in an unofficial supporters club called ‘From Behind The Nets’ since 2004 but decided he would like to take a more active role and became a board member in 2008.

He attended a board meeting on the night in question and the issue of online debate was raised and Mr McConnell accused Mr McGowan of making certain online allegations.

In response, McGowan turned around and punched Mr McConnell square in the face while he had his arms folded causing him to fall back and land on the floor.

In evidence, Mr McConnell then revealed that his attacker jumped on top of him, dragged him up and down the floor and pulled clumps of hair out of his head.

McGowan, of Knock, Ballybofey was eventually pulled off his victim.

Mr McConnell, who had a well-known butcher shop in the town, was taken to NowDoc for treatment.

The victim said he could not return to Finn Park out of embarrassment and anxiety and said that many people called into the shop after hearing about the attack.

McGowan was found guilty of attacking Mr McConnell at the district court and ordered to pay his victim €1,750.

Barrister for the victim, Mr Seamus Breen, said to this day McGowan has in six years never tried to apologise to Mr McConnell and he has not received “a phone call, letter or email.”

Barrister for Mr McGowan, James O’Donnell, said his client was a man in his 70s who said he was under a lot of pressure at the time and that he bore no ill will towards Mr McConnell.

Judge John Hannan said he was not surprised that Mr McConnell had difficulty getting involved with his local soccer club but was pleased to note that he had got on with his life in general and was engaged to be married.

He awarded him €15,000 and also €800 for his medical expenses.

Speaking after court, Mr McConnell said he did not wish to make any further comment other than he was glad that his ordeal was now over.

A report is to go to the Director of Public Prosecutions on a man accused of passing counterfeit notes in Letterkenny.

Letterkenny Court.

Ryan Murphy of 15 Ballinadarragh Road, Market Hill in Armagh appeared at Letterkenny District Court this week.

He is charged with passing the €20 notes at a number of premises including the Station House Hotel and Voodoo Nightclub.

Murphy, 24, told the court he did not have the means for a solicitor so one was appointed to him by Judge Paul Kelly.

Judge Kelly asked Inspector Michael Harrison if it was a large amount of counterfeit notes and he was note it was a “wedge of them” and that Murphy was “spreading them out all over the place.”

Murphy said the matter had been on his mind and he just wanted it dealt with.

However, Judge Kelly was told they were still awaiting a report on directions of the case form the DPP.

He adjourned the case.

A motoring expert has told a judge that it now impossible to steal or hotwire a car without a key.

Motoring expert Liam Cotter leaving Letterkenny Circuit Civil Court. Pic by Northwest Newspix.

Motoring expert Liam Cotter was speaking as a Donegal court dismissed a claim of loss by a woman who said her car had been stolen from her house.

Kathleen McDonagh told Letterkenny Circuit Civil Court that she attended a friend’s wedding in Cavan on August 11th, 2012.

However when she returned to her home at Ballymacool Woods in Letterkenny, her 2009 Toyota Avensis car was gone.

There was no sign of a break-in or broken glass and Ms McDonagh said she had both keys with her.

However, 16 months later the car turned up on the side of a road at Portlean, Milford and was returned to Ms McDonagh.

Liberty Insurance, Ms McDonagh’s insurer had refused to pay out when the car went missing initially.

After recovering her car, which she had bought for £9,000 sterling, Ms McDonagh sold the vehicle to her husband Charlie for €6,000.

She then took a claim against Liberty Insurance for the theft of her car.

However, barrister for Liberty Insurance Mr Peter Nolan said his client were not of the opinion that the car was ever stolen.

When found the car was examined and there was evidence of leaves on the grill, cobwebs in its interior and scratch-marks on its roof where it had been covered by some form of sheeting.

The company’s motoring expert witness, Liam Cotter, a motoring consultant with more than 25 years experience as a mechanic and loss assessor, said it was just “internet chatter” that cars could be stolen using a laptop computer and cloning the immobiliser unit.

“There is lot of chatter about cloning but a lot of it is just urban myth – a lot of it is nonsense.

“I’m in the business and I carry a laptop and I frequently interrogate vehicles’ electronic systems and even with my years of experience I would find it impossible.

“This nonsense or idea that someone can scan a frequency and start a car with a laptop, I’m sorry to say is not accurate,” he said.

Judge Hannan asked Mr Cotter if he was saying that no amount of “electronic wizzardry” could start a car manufactured since 2002 without a key.

“That’s correct,” replied Mr Cotter.

However barrister for Ms McDonagh, Mr James O’Donnell said he believed cloning was taking place and asked Mr Cotter was it not the case that high-end cars were being stolen to order across Ireland and there was evidence of this.

Mr Cotter replied that in such cases cars were being completed lifted away and then brought abroad to be worked on and were not simply broken into and driven away.

Having heard all the evidence including more details from Garda Brendan Mahon and claims manager for Liberty Insurance, Mr Keith Barr, Judge Hannon said he was dismissing the claim of loss and breach of contract taken by Ms McDonagh.

He referred to the evidence given by Mr Cotter that a car manufactured since 2002 could not be started without a key.

And he added “I found Mrs McDonagh to be a presentable person but I do not know what is going on in the background. It makes me wonder who the player was. An interesting case.”

A COUPLE have appeared in court on dozens of benefit fraud charges.

Martin Stokes, who is 25, and his 24-year-old wife Margaret, stood as the charges were put to them at Donegal Circuit Court.

Stokes faced 39 charges of dishonestly obtaining benefits in Ballybofey and Letterkenny.

His wife faced 20 charges, most of dishonestly obtaining social welfare payments.

She also faced a charge of presenting a birth certificate in the name of Lisa Marie Reilly to the department of social protection in order to make a false claim.

All the offences date back to 2008 and 2009.

Mr Stokes was remanded in custody whilst his wife was released on continued bail.

The case was adjourned until July.

THE skipper of the world’s largest trawler used illegal equipment to grade fish in an operation which caused a ‘double whammy’ for stocks off the Irish coast, a prosecution lawyer has told his trial. 

Dutch national Gerrit Plug, 59, the master of the 14,000 tonne Annelies Ilena, is on trial at Donegal Circuit Criminal Court on five charges relating to an incident off Tory Island, Co Donegal, on November 22, 2013.

Patricia McLaughlin, prosecuting for the DPP, told the jury of six women and six men, that Mr Plug was in breach of European legislation on the day.

He was in charge of a fishing operation aboard the 144-metre long vessel, formerly the Killybegs-based Atlantic Dawn, which dumped perfectly good dead fish back to the sea but kept the best fish on board, she alleged.

Grading fish in this way is illegal, Ms McLaughlin told the jury, because discarded fish should be recorded and set against a ship’s quota.

It was also illegal not to record the discards over 50Kg on the ship’s electronic log-book.

“He graded the catch by discarding smaller fish and retaining larger fish to increase the value of the catch,” said Ms McLaughlin in the trial before Judge John O’Hagan.

This was to optimise the market value, said the prosecution barrister.

“If you are only retaining the best fish and discarding fish which are less valuable and you are not logging it, it is illegal,” she said.

She said trawlers were obliged to record their catch and any discards of species over 50kg, with the dumped fish counting against a quota.

This was also done so that when quotas were being decided by scientists, they could give fair allocations.

“This was a double whammy in the depletion of resources,” added Ms McLaughlin.

The Annelies Ilena was boarded by crew from the LE Roisin at 9am on November 22, 2013 and escorted into Killybegs.

Lt Michael Devaney, one of the Navy officers who boarded the factory ship, said there was evidence of fish in the water and seagulls feeding off them.

He told the judge that ship masters have to update their electronic log-books up to 23.59 each night but during an inspection they are allowed to update their records for the day in question up until the time of the inspection.

This wasn’t done, he said, and no records of dumped fish were added.

Lt Devaney said that on inspection he found that there were no records of any fish discards between October 8 and the date of the boarding on November 22.

Richard Lyons, SC, for Mr Plug, put it to Lt Devaney that the fishing that day could have been what’s known as a ‘clean catch’ where the crew had just happened to have had come across a a shoal of large mackerel.

Mr Lyons also told the court that the records were updated by midnight on November 22 and 83kg of discards were recorded.

Questioned again by Ms McLaughlin, Lt Devaney said 53kgs of fish were found in an area of the boat known as the scupper ready to be discharged back to the sea.

He said 95pc of the mackerel in the scupper were above the legal catch size of 15cms.

The court heard was illegal in 2013 to discard any mackerel above the legal catch size.

Mr Plug has pleaded not guilty to five charges.

The case continues.

Gardai had to coax a man out of a hedge after he hid in it following a fight.

Letterkenny Court.

Kieran Maguire, 31, hid in the undergrowth at LIDL in Ballybofey, Co Donegal after a fight had broken out in the area on March 9th last.

Gardai searched the area and found Maguire, of Main Street, Killygordon, in the hedge and he told them to “go f*** themselves.”

The accused, who has just started his own mechanic business, eventually came out.

His solicitor told Letterkenny District Court that his client had been drinking and had been “in a fracas of sorts.”

It was Maguire’s first offence and he pleaded guilty to being intoxicated and causing a breach of the peace.

Judge Paul Kelly asked Maguire if he had a drink problem and he said he hadn’t.

He was ordered to pay €150 to a local charity and received the probation act.

Graham Dwyer has been found guilty of the murder of Elaine O’Hara. 

The jury returned a unanimous verdict of guilty after considering their verdict for more than seven hours.

The trial has captured national attention in recent weeks.

Mr Justice Hunt had asked that there be silence in court before the verdict was read out. This was observed impeccably by the public.

Mr Justice Hunt told the jury that their behavior was an example of “first class good citizenship” following the case.

He also said he “110 per cent” agreed with their verdict “based on the evidence”.

April 20th has been set for a sentence hearing pending the preparation of victim impact statements. The offence of murder carries a mandatory life sentence.

Mr Dwyer (42), an architect from Kerrymount Close in Foxrock, was charged with murdering childcare worker Ms O’Hara (36) on August 22nd, 2012.

Her remains were found in forestry on Killakee Mountain, Rathfarnham, Dublin, on September 13th, 2013. He had pleaded not guilty.

The trial lasted for nine weeks and focused on the sadomasochistic relationship between Mr Dwyer and Ms O’Hara.

During his summation Mr Justice Hunt told the jury if there had been a reasonable possibility Elaine O’Hara died by suicide, Mr Dwyer must be acquitted.

He had told the jury they had to be satisfied beyond reasonable doubt that Mr Dwyer murdered Ms O’Hara by stabbing her for his own sexual gratification.

“You cannot convict unless you are satisfied beyond reasonable doubt; if you are so satisfied, you are obliged to convict,” he said.

Kieran McLaughlin was today found not guilty of murdering a man in the North

EXCLUSIVE: THE gun used in a “brutal and vile” execution-style murder in the North was stolen at gunpoint from a farmer in Donegal.

We can reveal for the first time details of the weapon which was used to blast to death suspected drug dealer Barry McCrory in Derry city in October 2013.

Police sources have revealed to Donegal Daily that the 12 bore, sawn-off double-barrelled, breach loading, side by side shotgun, marked ”F Williams London and Birmingham’, was stolen three years earlier at a rural farm in Donegal.

A police source has told us: “On May 18, 2010 three masked men stormed his farmhouse at the dead of night.

“A gun was put to his head and he was frog-marched into a room where he kept his gun cabinet.

“He was forced to open it and the masked men made off with three firearms, all shotguns.

“When the gun was recovered by police in Derry, detectives from the PSNI asked Gardai to check its records.

“The serial number was checked on the Garda computer for missing or stolen guns and the match was found to the raid on the farmhouse on May 18, 2010.”

Today, at Belfast Crown Court, suspected dissident republican hitman Kieran McLaughlin was found not guilty of murdering Barry McCrory with the same stolen shotgun.

The 60-year-old had denied murdering Barry McCrory, who was shot dead in October 2013.

The 35-year-old was found dead in bed at a flat in Shipquay Street in the city centre.

The killer shouted at him ‘drug dealing scumbag’ before blasting him twice to the back and then twice to the back of his head from as little as a one metre away.

Death was instantaneous, said a pathologist.

There was uproar when the verdict was read out acquitting McLaughlin.

Tearful relatives of the deceased were at Belfast Crown Court to hear the ruling.

One woman ran from the public gallery shouting at McLaughlin in the dock: “You know you f***king did it, you f***king bastard.”

Judge Mr Justice Horner, who sat alone without a jury in the diplock case, said there was no forensic evidence to link McLaughlin to the killing.

“The court must conclude that the charge of murder against the defendant has not been proven to the requisite standard,” the judge told the court.

“The Crown has not discharged the heavy burden of proof placed upon it to prove beyond reasonable doubt the defendant committed the murder of the deceased.”

However, the judge found McLaughlin guilty of possessing the loaded sawn-off double barrelled shotgun and a Mauser pistol with intent to endanger life.

McLauglin had previously pleaded guilty to possessing the firearms and a quantity of ammunition in suspicious circumstances.

He will be sentenced in May following the preparation of a pre-sentence report.

Following the murder, McLaughlin had gone on the run and was holed up in Donegal to avoid capture.

A massive police manhunt was launched on both sides of the border for him and his picture was issued to the media with a warning to the public not to approach him as he was “armed and dangerous”.

However, on October 16, 2013, the game was up for McLaughlin when a police copter fitted with an infrared camera picked up an “unusually large” heat source from underneath a parked car in Derry’s Galliagh district.

McLaughlin was arrested and on his person police found newspaper clippings about the murder of Mr McCrory and the manhunt for the chief suspect – himself.

A DUTCH trawler skipper has been fined €105,000 after being found guilty of illegal fishing in Co Donegal waters.

Gerrit Plug was found guilty by a jury in Donegal Town Circuit Court today of three counts.

The jury returned an 11-1 majority verdict in two of the charges and a unanimous verdict in the third charge.

Plug, is the owner of the skipper of the 144-metre long Annelies Ilena, formerly the Atlantic Dawn, which was stopped by the Irish Navy vessel LE Roisin on November 22, 2013, off Tory Island.

The jury found him guilty of failing to record discards over 50kg and guilty of discarding mackerel over 15cms which he should have kept on board.

They also found him guilty of having a larger space between bars in the factory area of the boat which would have discarded mackerel the skipper should have kept on board.

It is a landmark ruling for the country’s Sea Fisheries Protection officers who gave evidence over three days.

The rules are in place to prevent over-fishing.

The prosecution had alleged that the Annelies Ilena was deliberately discarding smaller fish to increase the value of its catch.

More than 50kg of fish were found in a scupper – or discharge chute – by naval and sea fisheries staff.

All of the mackerel were more than 15cms long. Instead of being weighed and counted against the ship’s quota, they were to be discharged into the Atlantic.

Other more serious and technical charges were withdrawn from the jury by Judge John O’Hagan.

There are 13 Irish fishermen among the 58 crew aboard the ship, which is currently docked off the Canary Islands.

The verdict could affect future quotas for the Dutch-registered trawler.

Richard Lyons, senior counsel, said his client had been fishing for 39 years without any previous convictions.

Patricia McLaughlin, for the prosecution, said the maximum fine on each charge was €35,000.

She also said that forfeiture of all the gear and catch – worth €5.8M – was part of the legislation.

However Mr Lyons argued this was not correct.

Judge O’Hagan said he didn’t believe the legislation allowed for the mandatory forfeiture of catches and gear.

He imposed a total fine of €105,00 on Plug – the maximum €35,000 on each of the three charges.

The judge said the vessel was the “King of the Seas” and added: “As such it should be setting a good example to other fishermen and other trawlers.”

A woman has been given a one month suspended jail sentence after being caught driving without insurance for the FIFTH time.

Letterkenny Court.

Martina Sweeney, 36, appeared at a special sitting of Letterkenny instruct Court in Co Donegal yesterday charged with a series of motoring offences.

Ms Sweeney, of 26 Glencar Park, was stopped by Gardai at Dromore, Letterkenny on May 28th, 2014.

Judge Paul Kelly warned Ms Sweeney that she could be off the road for a long time as she would find it very difficult to get an insurance company to insure her.

He jailed Ms Sweeney for one month but suspended the sentence for 12 months and also disqualified her from driving for four years.

“What this means is that if you are caught driving within the next year you will go to jail for one month,” Judge Kelly told Ms Sweeney.

He took the other charges into consideration.

And he warned Ms Sweeney that she was lucky as some of his colleagues may have took a more serious view of her actions.