A brother and sister have accused eachother of assault after a wreath on their father’s grave was moved.

Noeleen McLaughlin leaving court today. Pic by Northwest Newspix.

Kieran Kavanagh and Noeleen McLaughlin appeared in court today charged with assault after a bizarre altercation at the grave of their father at Murlog Cemetery in Lifford.

Both denied that they had assaulted eachother at the graveside on October 22nd, 2013.

Mrs McLaughlin claims that while she was visiting her father’s grave she was viciously attacked by her brother Kieran.

She claimed that she was in the middle of moving her wreath back into the centre of her father’s grave after it had been moved away to the side of it when she was attacked.

She claimed Mr Kavanagh punched her in the side, struck her in the face with his open hand, stood on on her when she fell and verbally abused by her.

Mrs McLaughlin claimed claimed in Letterkenny District Court “He arrived and I could hear him starting to shout and curse “What are you at you b******d?” He was shouting – you’re a whore, a f*****r and you’re a thieving b*****d” I was just going to leave him standing and shouting. I just felt him grabbing my coat by the collar and he grabbed the skin of my neck. Then I could feel him punch into my left side and I was in shock. I couldn’t believe it.”

She then claimed that he gave her a shove and knocked her over and she fell on top of her father’s grave.

“When I was getting up I could feel his foot coming down crashing down on my foot. He put his right arm on top of my shoulder – put his hand down forcing my hand into the sharp stones. He was still shouting obscenities at me,” added Mrs McLaughlin.

The court was told that two graveyard workers who were at the scene refused to give statements on the matter.

Solicitor for Mr Kavanagh, of 7 Medaowhill, Raphoe, Mr Frank Dorrian said he found it bizarre that rather than come to the aid of his wife during an alleged attack, that her husband would take pictures of the incident.

“I cannot speak for what my husband did,” replied Mrs McLaughlin of Cluain Laoi, Lifford.

A number of photographs were produced in court which were taken by Mrs McLaughlin’s husband Frank of the alleged incident.

The photographs showed alleged injuries to Mrs McLaughlin’s face which she claimed were inflicted but her brother Kieran.

However all the allegations made by Mrs McLaughlin were denied by Mr Kavanagh’s solicitor Frank Dorrian.

He said his client and other witnesses would give evidence that Mrs McLaughlin’s bloodshot eye was witnessed at the family’s father’s anniversary mass three days prior to the alleged assault in the graveyard.

Mr Dorrian said he also had at least two witnesses who had been close to the graveyard but who did not see Mr Kavanagh striking Mrs McLaughlin.

Judge Paul Kelly interrupted the case to make an appeal to both solicitors, Frank Dorrian and Cormac Hartnett, to speak to their clients to try and find a resolution to the matter.

He said it was a very sensitive case and while he had no problem hearing it, he would prefer if the families found a way forward.

After discussing the situation, both solicitors said they had agreed a number of points which they would adhere to.

They agreed to avoid any physical contact and where they had to meet that they would be civil. They also agreed to avoid any comments between each other about history between each other.

An agreement was also undertaken not to communicate by written or electronic forms and that any disagreement would go through the offices of their solicitors.

Judge Kelly said he was happy that both sides had used their common sense to reach a conclusion and dismissed both cases.

Dozens of cases of alleged drink-driving across Donegal have been adjourned over a legal challenge brought by a Romanian national who was not given details of a breath test – in Irish.

Alleged drink-driving cases were adjourned at Letterkenny District Court.

Mihai Avandenei (28) had his case supported by a district judge who has now referred it to the High Court.

A number of cases of alleged drink-driving on Donegal roads were adjourned at Letterkenny District Court yesterday because of the case.

Donegal Senator Brian Ó Domhnaill is among hundreds of motorists awaiting the outcome of the case, which is due to be heard on June 26. The senator has not entered a plea yet.

Local Judge Paul Kelly has agreed to adjourn a number of local cases until the test case at the High Court.

Mr Avadenei was stopped at 12.50am on April 21 last year at Wolf Tone Quay in Dublin by Garda Francis McMahon, who alleged the motorist had been driving at 80kmh in a 50kmh zone. Suspecting Mr Avandenei of drink-driving, Gda McMahon arrested him and took him to Store Street Garda Station.

Although the Romanian national had a good command of the English language an interpreter was provided.

A subsequent breath test carried out by Gda Colm McCluskey gave a reading of 52 microgrammes of alcohol per 100ml of breath. The drink-drive limit is 22 microgrammes of alcohol per 100ml of breath.

Gda McCluskey and the accused driver both signed the computer print-out. Mr Avandenei – from Lioscianan, Swords, Co Dublin – was charged with drink-driving and released on bail.

He appeared before the Dublin District Court last July, where his solicitor Michael Staines argued his client should have been given a read-out of his breath test from the intoxlyser machine in both Irish and English.

Mr Staines said the print-out submitted to the court was not a duly completed statement within the meaning of the 2010 Road Traffic Act as it was only in English.

He submitted that the rules required it to be in both English and Irish and that the document was therefore not a duly completed statement and not admissible in evidence.

In a submission to the High Court, Judge Conal Gibbons said he sided with the accused on the case, but asked for a ruling from the higher court.

The Director of Public Prosecutions is challenging Judge Gibbons’ ruling.

Nick was charged when he used the FaceTime and iMessage apps

A DONEGAL student has called on customers of O2/Three to demand refunds after discovering he was being charged for making ‘free’ calls on his iPhone using FaceTime.

Nick O’Brien, a law student at Letterkenny IT, told Donegal Daily he was ‘delighted’ with a ruling at the District Court in Letterkenny yesterday when he won his case.

He also won two other cases against O2 – now owned by Three – after the sold him a second hand phone through their website claiming it was new and they deducted €25 from his pay-as-you-go account when he went abroad…even though he didn’t use the phone.

Mr O’Brien says hundreds of other O2 customers who were also wrongly charged should take legal action to get their money back “as a matter of principle”.

A company customer care manager told the District Court that anyone using an iPhone and using FaceTime or iMessage for the first time – even if it is using wifi – could be charged 25c.

It appears on bills as a text to a UK mobile number as the Apple server is in the UK.

However in Mr O’Brien’s case he was charged up to 90 times last year for making calls or sending iMessages which Apple say should be free.

Yesterday Judge Paul Kelly said O’Brien and O2/Three should have settled the case out of court.

Mr O’Brien says he turned down a €800 out of court offer yesterday so he could highlight the issue in court and help other consumers.

Judge Kelly agreed with his case and awarded Mr O’Brien a total of €422.49 in damages and a further €250 towards his costs.

The student was given €67.50 in compensation for the recurring 25c charges for using FaceTime and iMessage.

He was also awarded €79.99 for being flogged a pre-used mobile phone which had been sold to him as new but had been used on a network in the UK three months earlier.

He was also given back €25 deducted from his credit when O2 said he had changed his plan – when he said he hadn’t.

He was given €250 in general damages for the inconvenience of having to change mobile networks after he left O2.

Mr O’Brien said afterwards: “I am delighted with the outcome; this was never about the money, it was about O2 and their shoddy practices and their general attitude towards me over the past nine months.

“I know the judge, rightly, said this could have been settled out of court and I would have been better off if I had done so, but this was not about that – this was about highlighting charges people should not have been given. I would urge customers to closely check their bills.

“The joke of course is that if you register for FaceTime on an iPod, iPad or a iPhone without a sim card you don’t get charged at all.

“Neither Apple nor O2 – now trading as Three – have ever explained this.”

A Judge has slammed a counterfeiter for “cheating” young artists out of making a living.

Killackey had almost one thousand bogus DVDs and CDs.

Damien Killackey was caught on two occasions with almost ONE THOUSAND pirated CDs and DVDs.

He was stopped by Gardai on two occasions, on October 20th, 2013 and also on December 8th, 2013 with pirated goods.

On the first occasion he was stopped in a car outside Clonleigh Community Centre in Lifford and then inside the community centre where he was operating a stall.

On the first occasion he was caught with 349 copies of 64 different titles in his car and then a few weeks later he was observed selling 622 CDs and DVDs inside the community centre.

Killackey of 41 Croaghan Heights, Lifford admitted having the counterfeit goods.

Judge Paul Kelly said this was a “huge issue” for young performers.

“He had almost a thousand discs. This is a huge issue. We read on regular occasions about these cases. These are sometimes struggling young artists and they are being cheated by these people who sell these items.

“This man had 349 discs and a few months later he had another 600. He was totally unrepentant as he went back and out and tried to sell even more of them later.”

Solicitor Kieran O’Gorman said his client was not making much money as he was at the bottom of chain which had been organised by others.

Judge Kelly said it appeared that Killackey was in danger of going to prison but appeared to be taking the charge very lightly.

Judge Kelly adjourned the case to see if Killackey was suitable to do community service.

A man assaulted another man after he thought he was spying on his children in his back garden.

McGahern appeared at Letterkenny District Court.

Edward McGahern, 39, attacked the man who had been looking over some fences as his daughter was considering buying a house in the area.

Letterkenny District Court heard the victim was taking some measurements when he heard another man shouting at him.

He initially ignored the shouts but then the accused approached him.

Garda Inspector Goretti Sheridan said McGahern asked the accused why he was looking at his children and then pushed the victim and caused him to fall over and he banged his head.

He began to bleed profusely and he was forced to go to hospice and get six stitches to treat his wound.

Solicitor Patsy Gallagher said his client, after seeing the man looking over a fence, put two and two together and “got one hundred and two.”

He said the victim was not known in the area and the altercation had happened after a series of unfortunate events.

“My client believed this man was there for another purpose and he was not. He wrongly and unfortunately believed he was there for another purpose and he is deeply sorry for what happened,” said Mr Gallagher.

The court heard that McGahern, of Lui na Greine, Oldtown, Letterkenny had 28 previous convictions including five for assault.

Judge Paul Kelly told Mr Gallagher “This is an appalling situation that a man going about his business is approached by somebody and then attacked no matter what your client’s mistaken beliefs were.”

He adjourned the case and asked for a victim impact report on the case.

A mum-of-two who was caught with a stolen Samsung Galaxy tablet following a ‘distraction theft’ at a supermarket has been given a two month suspended jail sentence.

A Samsung Galaxy was stolen during the robbery at a Letterkenny supermarket.

Angelica Milesieu, 40, was with her children and another young adult at LIDL in Letterkenny on October 31st, 2014.

Another young family in the supermarket complained that a Samsung Galaxy electronic tablet had been taken from a child.

When Gardai viewed CCTV footage, they recognised Ms Milesieu of 3 Pump Street, Kerrykeel close to the incident.

When they stopped her at Raymoghey, Manorcunningham, the electronic device was found in her car.

Ms Milesieu admitted handling stolen goods and Letterkenny District Court was told she had number of previous for thefts around country.

Judge Paul Kelly asked if the children in the CCTV footage where the accused woman’s children and he was told they were.

“So she was supervising this theft,” he said.

He said he thought she was unsuitable for community service because of health issues and sentenced her to two months in prison but suspended the sentence for 12 months and ordered her to be of good behaviour.

A bench warrant has been issued for a Castlefin man who flicked a lit cigarette into the face of a Garda.

Harper failed to appear at Letterkenny District Court.

Damien Harper was due to appear before Letterkenny District Court to answer public order charges yesterday.

However Harper, 43, of The Red House, The Diamond, Castlefin, failed to appear.

The court was told that Harper threatened to “take out” Gardai at Crossroads, Killygordon when approached.

He began using hand signals to Gardai, called them ‘pig f****’ and refused to leave the area.

He then threw a lit cigarette at Gardai and hit one of them in the face before being arrested.

Solicitor Kieran O’Gorman said his client was highly intoxicated on the night in question.

Judge Paul Kelly issued a bench warrant for Harper, who has seven previous convictions after he failed to appear.

A man who stole a purse from a teenager attending her prom has been ordered to pay her compensation.

Man stole young woman’s purse.

Jason McConigley (20) was brought before Letterkenny District Court charged with the theft.

McConigley, of 142 Upper Mount Marian, Milford pleaded guilty to the charge.

He pleaded guilty to taking the purse at the Radisson Blu Hotel in Letterkenny on August 21, 2014.

Inspector Goretti Sheridan said that at 10.45pm on the night in question gardai received a report that a gold clutch handbag owned by a young woman attending her prom had been stolen.

Two days later eagle-eyed hotel staff found the handbag hidden in the men’s toilets.

McConigley was subsequently identified through the hotel’s CCTV footage and arrested.

He made a full and frank admission to gardai, the court heard.

Solicitor, Mr Patsy Gallagher said his client had no real reason for committing the ‘desirable act’.

He did tell Judge Paul Kelly, however, that McConigley was currently unemployed and had an issue with gambling which he was trying to address.

Mr Gallagher said McConigley had been in the hotel for a drink with a friend and described the theft as ‘opportunistic’.

Adjourning the case to June 8 for the preparation of a probation report, Judge Kelly ordered McConigley to come up with compensation for the injured party by the next date.

A Falcarragh woman has been charged with littering after a cardboard box with her name on it  was found on a bonfire.

Litter warden Eoin McCallion told Falcarragh District Court today that he found a considerable amount of household waste behind a housing estate at Ballina, Falcarragh on June 2oth last.

Among the items was a card box box with the name and address of Lorraine McGinty of 54 Ballina, Falcarragh.

The litter warden said he wrote to Ms McGinty on three occasions but received no reply back.

Mr McCallion told the court that the waste was on public ground and contained various items including furniture.

He accepted that the only one item h could link to Ms McGInty was the cardboard box.

Solicitor for the accused Patsy Gallagher said the situation was that a number of youths had called to Ms McGinty’s home and had collected for a traditional bonfire to celebrate St John’s night.

Judge Paul Kelly said he was still receiving his education as he had never heard of such a tradition.

Mr Gallagher said that it was not the case that his client went around the county littering and that she had her weekly bin collected.

Mr Lisa Finnegan on behalf of Donegal County Council said the act was very clear and that the waste should not even be taken away.

Judge Paul Kelly said he was adjourning the case until the next siting of Falcarragh District Court on May 20th to allow Ms McGinty to give evidence.

Gary McDaid (left) fined for cigarette smuggling and Seamus McLaughlin jailed for 12 years for having lethal mortar bombs shipped from Donegal

THE North’s Police Service is in the dock today over revelations an undercover officer crossed the border into Donegal to follow dissident republican suspects without apparent permission from Gardai.

A solicitor has said the covert officer – codenamed Oscar 401 – travalled 800 metres into Donegal from Derry to pursue dissident republican suspects Seamus McLaughlin and Gary McDaid.

The cross-border incursion emerged after the officer refused to give evidence against McDaid for possession of the mortars in March 2013 unless a court granted him anonymity.

After the order was not granted, the prosecution decided to drop the mortar bomb charges and instead McDaid pleaded guilty to the offence of smuggling cigarettes and was fined £300 on Tuesday in what the judge described as a bizarre and saying it had reached a “novel conclusion”.

His solicitor Ciaran Shiels has written to the Departments of Justice and Foreign Affairs in Dublin to raise concerns about the unlawful PSNI incursion.

Mr Shiels said today: “Given the nature of the operation in which the police were involved, it seems reasonable to assume that all PSNI officers would have been armed, although none of them refer to it in any of their statements.

“I have therefore raised the offices of Justice and Foreign Affairs in Dublin whether any consents were given to allow the PSNI to operate in Donegal at this time.

“And if no consents were provided, what the southern authorities intend to do about the matter. It should be investigated.

“I await their response,” added Mr Shiels.

Oscar 401 – a cipher given by prosecutors to protect his covert cover being blown – was one of a number from the PSNI’s Surveillance Unit deployed in March 2013.

It followed an intelligence tip-off from an informant that dissident republicans were moving a bomb-laden Citroen Berlingo van from Donegal into Derry to target a police station.

When the van was rammed by covert cops, officers found that a hole had been cut in the roof of the van and four primed mortars were in a state of readiness to be launched on the police station in Derry’s Strand Road.

McLaughlin, the driver of the van, was given a 12 year prison sentence last November after pleading guilty to possessing the deadly mortars with intent to endanger life.

McDaid, who drove a mortar bike ‘in convoy’ behind the van along the Letterkenny Road from Donegal into Derry, denied any involvement in the planned attack.

He maintained that he always believed McLaughlin was smuggling cigarettes across the border.

His solicitor says that Irish and British authorities have refused to reveal details of any cross border incursion or security operation, including whether An Garda Siochana or MI5 were involved in assisting in a surveillance operation.

The cross border incursion by British police has also been raised with the office of the Police Ombudsman in the North.

A spokesman said today: “We are currently considering the case.”

It is likely the illegal incursion will be raised in the Dail in the coming weeks by local TDs.

A book-keeper who stole almost €40,000 from a Co Donegal pharmacy has received a suspended jail sentence.

Letterkenny court.

Christine Griffin admitted to 31 charges of defrauding her employers over a two year period.

Ms Griffin, from Carrickmagrath, Ballybofey, stole a total of €39,770 from Flatley’s Pharmacy of Pound Street, Stranorlar.

Detective Garda Brendan Regan told the court that more than €20,000 of the stolen cash had now been paid back.

Another cash lodgement of €500 was produced in court today.

The court was told that 47 year old Ms Griffin had shown considerable remorse at her actions.

She was now working in her local community and was held in very high regard by her new employer.

Judge Paul Kelly said he appreciated there was considerable remorse but that she had undertaken an elaborate scheme to defraud a considerable amount of money from her former employer.

He jailed her for nine months on a sample charge but suspended the sentence for a period of two years and ordered her to be of good behaviour.

He also issued a compensation order against Mr Griffin of €17,660 and ordered that monthly instalments of €500 be paid to the injured party.

The court also heard that Ms Griffin had sought a meeting with her former employer.

A representative on behalf of Flatley’s Pharmacy was in court.

Solicitor for Ms Griffin, Mr Patsy Gallagher, thanked the company for how they had acted in the course of the investigation and subsequent court case.

A social welfare inspector said he feared for his life when he called to the home of a taxi driver.

James McGinley, 35 Cashel Ard contested an assault charge when he appeared at Letterkenny District Court yesterday.

Inspector Morgan Mooney said he was assigned to the special investigation unit of the Department of Social Protection and was carrying out surveillance at Cashel Park, Letterkenny on September 25.

The inspector called to 48 year old Mr McGinley’s home shortly after 3pm.

The accused opened the door and Mr Mooney asked to speak to occupant after having identified himself.

“As I proceeded to go in a man I now know to be Mr McGinley pushed me out and said I had no such business in his house,” he said.

Mr. Morgan said it was the first time he was physically assaulted during the course of his work but that on other occasions he had been the subject of verbal abuse.

“I felt threatened. He pushed me away with menace. I was in fear. I was static,” he said. The inspector later said that he was in fear for his life.

James McGinley told the court that Mr. Morgan did not identify himself at the door.

He said that as he walked in he hit him with his belly and that he then put his hands up and told him to leave.

“He bumped me with his belly. I said get out, I don’t know who you are,” he said adding that he did not show any identification until he was leaving.

He said that he put his two hands up towards Mr. Morgan’s shoulders after he had come in to the house “like a bully.”

Judge Paul Kelly said he would apply the Probation Act if McGinley paid €250 to the Irish Wheelchair Association.

The case was adjourned at until May 20.

A man who was intoxicated during an altercation with a Gardai during which he was called a pig was given the chance to have his case struck out if he paid €100 to charity.

Letterkenny court.

Sean McGarvey of Dollar Row, appeared before Falcarragh Dsitrict Court in Letetrkenny yesterday.

The court heard how McGarvey, 21, was with a friend at the Dollar Bar at Ballyconnell on June 28th, 2014.

A Garda was passing and two males began roaring at Gardai.

They were asked to quieten down but McGarvey continued to shout at Gardai calling them ‘pigs’ and shouting ‘oink, oink” the court was told.

He was eventually arrested and was then given a lift home to his father’s house.

Judge Paul Kelly asked McGarvey if he had a drink problem and the builder, with no previous convictions, said he had not.

“This was completely unedifying behaviour and after all this the Gardai still brought you home,” commented the Judge.

He was told that if he handed over €100 to the Falcarragh Youth Diversion Project, the matter would be struck out.

McGarvey agreed to pay the money which he produced in court.

TWO brothers in their 50s have been returned for trial to the Central Criminal Court in Dublin charged with rape and sexual assault.

The men, cannot be named in order to protect the identity of the alleged victims, were served with books of evidence in the case at Letterkenny District Court today.

One man is charged with 13 counts of rape and sexual assault between 1999 and 2003.

The other brother faced one charge of rape and six charges of sexual assault. Those offences are alleged to have taken place between 1999 and 2000 and 2012.

Judge Paul Kelly released both men on continuing bail.

They will appear again at the Central Criminal Court in Dublin on April 27.

The title terrier dog.

A JUDGE has described as ‘appalling’ a student who left her dog to starve – while she went to live with her mother.

Natalie McGranaghan appeared at Letterkenny District Court charged with cruelty to animals.

DPSCA Inspector Kevin McGinley told Judge Paul Kelly that he went to McGranaghan’s rented home at Leitir Ard, Letterkenny, on March 12 last year after reports a dog had been abandoned there.

The flat in which the dog was found.

Inspector McGinley said he could hear a dog inside the property but could not see one. He left a note at the house asking the occupant to contact him.

He returned two days later and again heard a dog and decided to call gardai who forced entry into the property.

Inside the house he found an emaciated terrier dog abandoned, covered in its own excrement. A bucket filled with water had been left beside the dog but it was unable to drink from it as it was too tall for the pup to reach.

“The dog was in a poor state,” McGinley told the court.

“Its backbone was protruding and its ribs were prominent.”

He traced owner Natalie McGranaghan to her mother’s home but she had claimed she had sold the dog.

She later admitted she hadn’t – but claimed she had fed the dog two days earlier.

Judge Paul Kelly – looking at these pictures – remarked that “this was an appalling thing to do to an unfortunate defenceless animal.”

The judge adjourned sentence until July 16 to allow McGranaghan time to pay €400 in veterinary bills.

The dog has since made a full recovery.

A DERRY man who illegally opened his Letterkenny-based bookmakers shop on Easter Sunday has been ordered to pay cash to the Donegal Ladies U-14 football team.

Garda Inspector Michael Harrison told Letterkenny District Court that gardai observed customers entering and leaving McBride Racing in the town on April 20 last year.

Owner Thomas McBride, Kingsfort Park, Culmore, Derry, admitted a charge of breaching betting laws.

His solicitor Ciaran McLaughlin said the 74-year-old had no previous convictions and new legislation introduced in January past now allows betting on Easter Sundays at bookies.

“Unfortunately my client jumped the flag on this one,” said Mr McLaughlin (a Buncrana man and Donegal fan).

He pointed out that the maximum fine under 1931 legislation was 50 punts (or €60) and his client would be glad to make a charitable donation to avoid a conviction.

“I’m told there is a horse running later today at Cheltenham called Girly Girl and perhaps a wager on that could help a charity. It’s 5/1,” said Mr McLaughlin.

Judge Paul Kelly shook head, remarking that he wasn’t a gambling man.

The judge asked if Mr McBride would be willing to make a €100 donation to the Donegal U14 football team instead of recording a conviction.

The bookmaker replied: “I’d be delighted to.”

(Girly Girl finished 3rd in the 5.30pm race at Cheltenham. Those in court who took a note of the horse’s name may well be out of pocket).

The brother of a man involved in an incident in which a Garda was killed has appeared in court facing a catalogue of dangerous driving offences.

Kevin Dunleavy leaving court. Pic by Northwest Newspix.

Kevin Dunleavy appeared at Letterkenny District Court yesterday following an incident in which he led Gardai on a 25 km chase.

Dunleavy’s brother Cathal served a jail sentence for an incident in which Garda Robbie McCallion died in Letterkenny in 2009.

Cathal Dunleavy was released recently from prison after being jailed for five years for his part in the crime.

Judge Paul Kelly was told that Kevin Dunleavy, 29, from Meentagh, Kerrykeel, has already been banned from driving for four times.

The court was given a detailed version of the pursuit which happened on August 8th 2012.

Gda Inspector Michael Harrison revealed how his officers had to take evasive action to avoid colliding with Dunleavy’s speeding car.

The car reached speeds of 150kms per hour and even went onto the wrong side of the road on several occasions.

Pursuing Gardai eventually stopped as they deemed it too dangerous to the public to continue.

Even when Gardai attended Dunleavy’s house, he managed to speed off after he saw them waiting for him.

Dunleavy had 69 previous convictions for motoring offences, and had been banned from driving on four occasions for periods of 18, 25, another 25 and 30 years.

His solicitor Donagh Cleary said his client accepted his behaviour had been intolerable.

But added that he hadn’t been before the court on road charges since 2010.

A surprised Judge Kelly said “Well he wouldn’t have done as he has been banned from driving for 30 years”.

However his solicitor said his client wads a changed man and wanted just another chance.

He then asked that a probation report be carried out on the accused.

The Judge added “I can’t see how I can deal with this case in any other way that by way of a custodial sentence.

“It is the worst case of its kind by a considerable distance – the worst I’ve seen either in practice or on the bench – with someone driving like this over 25kms through small towns and villages and side roads.”

The case was adjourned until June 18th.

The owner of a bar in Co Donegal claimed late night revellers were taking part in the Fleadh – which was taking place in a different county!

Letterkenny court.

Gardai called to the Diamond Bar in Raphoe at 4am on August 15th last and found more than a dozen revellers and a musician playing in the corner.

When Gardai asked owner Conor McGranaghan why he was still open, he replied that the Fleadh was on.

Garda Inspector Michael Harrison replied the Fleadh was indeed on but that it was in in Co Sligo.

Judge Paul Kelly asked the accused man’s solicitor “Did they get lost?”

Solicitor Donagh Cleary said Mr McGranaghan and his father had been in the licensed trade for more than 50 years between them and had no previous convictions for after-hours drinking.

Mr Cleary said there was a problem with the area was there was an issue with people getting taxis.

“He had earlier left a number of people home free of charge himself,” said Mr Cleary.

Judge Paul Kelly ordered Mr McGranaghan to donate €150 to Raphoe Leaf Project.

Double-killer John Gallagher has appeared in court in a case against his brother.

John Gallagher

The Co Donegal man became infamous after he shot his ex-girlfriend, 18-year-old Anne Gillespie, and her mother Annie, 51, in the grounds of Sligo General Hospital one evening in 1988.

Gallagher appeared at Letterkenny Garda District Court as a witness against his brother Donal today.

Gallagher was tried for murder but was found to be insane. Twelve years later he escaped from custody in Dundrum Central Mental Hospital.

Mr Gallagher’s brother Donal (51) of Urney, Strabane, has been charged with criminal damage at Main Street in Lifford, Co Donegal on 27th October, 2012.

The court was told that John Gallagher was the only witness in the case.

Mr Gallagher, who also lives in Strabane, was in court for the hearing.

Judge Paul Kelly heard that CCTV taken from a camera in John Gallagher’s van will be used in evidence in the case.

The footage from the alleged incident was downloaded from the in-van camera and put onto a laptop and given to Gardai.

Garda Alan Harrington, the investigating officer in the case, had been forced off on sick leave however.

Solicitor for the accused, Mr Kieran Dillon, said his client was happy to press ahead with the case even without Garda Harrington.

However Judge Kelly said he would prefer to hear all the facts and evidence with Garda Harrington present.

He adjourned the case until May 18th.

A Kerrykeel man known as ‘Elvis’ has been fined €50 for being intoxicated.

Gardai told Letterkenny District Court that they had received reports of a man on a bike asking for money from people in the car park of the LIDL supermarket in Milford.

Garda Enda Jennings told the court told the court that he knew the man as Frank McGroary of Kerrykeel.

He said the 68 year old was well-known in the area as ‘Elvis’ and was a pitiful sight due to his drink problem.

On the day in question Garda Jennings said McGroary was attempting to speak to people in cars with children in them.

The Garda said he told McGroary that he was due in court but the accused said the Garda must have the wrong man as he said he was never in court in his life.

Judge Paul Kelly fined McGroary €50 and gave him one month to pay.