The son and daughter of the late Mrs Maura Porter, Brendan and Davina Porter, leaving yesterday’s sitting of Carndonagh District Court. Pic by Northwest Newspix.

The family of a woman killed in a road tragedy have pleaded with a Judge to allow the Director of Public Prosecutions more time to review the case against the man who knocked her down.

Austin Stewart, 64, appeared at Carndonagh District Court charged with a number of motoring offences yesterday.

Austin Stewart leaving court in Carndonagh yesterday. Pic by Northwest Newspix.

Pensioner Maura Porter was killed when she was struck by Mr Stewart’s car while walking home from mass on December 30th, 2013.

The case received widespread publicity after it took an ambulance more than 50 minutes to attend to the scene of the accident.

Mr Stewart, of Ballinahone, Fahan, has been charged with not having an NCT, not displaying an NCT, having no front headlamp and also a bald tyre.

However the family of Mrs Porter have sought a review of the case to the DPP.

Garda Inspector David Murphy said the DPP had sought more time and were seeking to review the case.

However solicitor for the accused, Mr Ciaran McLaughlin, said there was no reason why the current charges before the court could not be dealt with.

Davina Porter, daughter of the dead woman of Churchtown, Carndonagh, addressed the court from the public gallery.

She said “Just remember that my mother is dead and this vehicle collided with her.

“We are completely devastated and it’s up to you to see that justice is carried out. I’m begging you to please give the DPP time to deal with this. I’m sorry for interrupting.”

Solicitor for the accused, Mr Ciaran McLaughlin said this had been hanging over his client’s head for some time.

He said he saw no reason why these charges could be dealt with and the DPP revisit any further issue at a later stage.

Ms Porter replied that it will be hanging over their heads forever.

Mr McLaughlin then revealed that his client had received threatening late-night phone calls and letters in the post telling him he had blood on his hands.

Judge Kelly said he fully accepted what had happened to Ms Porter’s mother but that the court had found itself in a difficult situation.

He asked Inspector Murphy to contact the DPP to determine how long it will take for the directions in the case.

Inspector Murphy returned after lunch and said that he expected an adjournment of two months would be required.

Judge Kelly said he appreciated there are very high emotions on both sides of the case but that he was granting an adjournment until June 16th.

He also warned that if there were any further delays, it could result in the charges against Mr Stewart being reconsidered.

“I’m not happy that it has dragged on in the way it has – it is placing everyone in a difficult situation,” he said.

The scene of the horror crash last year which claimed of the life of ‘Donegal Patsy’ McCroary

A motorist has been charged with drink driving that led to the death of a well-loved Donegal native in the North last year.

62-year-old Patsy McCroary – popularly known as ‘Donegal Patsy’ – was a front seat passenger in a blue coloured Toyota Avensis car.

It was  was involved in a head-on collision with a black Suzuki Vitari jeep between Sion Mills and Victoria Bridge, Co Tyrone on January 8, 2015.

Driving the Avensis was Mr McCroary’s son Padraig while his wife and daughter were also passengers in the vehicle.

It was confirmed at Strabane Magistrates Court  that Paul Nicholl, a 49-year-old man from the Carnkenny Road in Newtownstewart, has now been charged in relation to the tragedy.

He is accused of causing Mr McCroary’s death by careless driving while under the influence of alcohol.

Nicholl is further charged with causing grievous bodily injury to Mr McCroary’s wife, Geraldine and his son and daughter, Padraig and Samantha, through careless driving while under the influence of alcohol.

The accused was not in court on Thursday and barrister Stephen Mooney applied for a three week adjournment.

The case will be heard again on May 7, again at Strabane Magistrates Court.

An avid GAA fan, Patsy McCroary was known affectionately by the nickname ‘Donegal Patsy’ because of his passion for his native team.

He had been living in Castlederg but originally hailed from Upper Art, Castlefin.

Following his death, some of Donegal’s most senior GAA figures paid their own personal tributes.

An avid GAA fan, Patsy McCroary was known in many footballing circles as ‘Donegal Patsy’ because of his love for his native team.

Days before the horror smash, he attended the Dr McKenna Cup game between Donegal and Tyrone in Letterkenny.

Paying tribute at the time, well known Donegal GAA figure Dessie Kelly said Mr McCroary would be sorely missed.

“He was Donegal’s number one supporter, as far as I’m concerned,” Mr Kelly said.

“If Donegal were playing in New York, Patsy would have been there. He never missed a match and took great joy any time they won.

“He was a season ticket holder and a proud Donegal GAA man.”

A man stole two buses and caused massive damage to a village green has escaped a jail sentence.

Anthony Cavanagh leaving court in Carndonagh. Pic by Northwest Newspix.

Anthony Cavanagh, now 23, and another accomplice stole the buses and drove them to Malin Town in Inishowen.

Locals in the town, which had won Ireland’s Tidy Town’s competition in 1970 and 1991, had carried out extensive works trying to regain their crown in 2012.

But days before the judging Cavanagh, now 23, and another man caused massive destruction to the area which forced the postponement of the judging.

Cavanagh, of Glack, Carndonagh, appeared at Carndonagh District Court charged with the unauthorised taking of the two buses and also causing criminal damage on June 13th, 2012.

The damage to the Lough Swilly buses amounted to €9,113.27 and the company has since gone out of business.

Inspector David Murphy said that at 7.15am on the date, Gardai called to the Glebe, Carndonagh where two buses – a 95DL and a 94DL – had been abandoned.

Garda enquiries established one bus had been parked the night before in Carndonagh and the other in Moville.

Malin Green

It also emerged that the two buses had earlier been driven on to Malin Green, causing extensive damage.

Cavanagh was arrested on June 14th and told Gardai under interview that he and another person started the engine on the 94 bus and he had driven it with the other person driving behind in his car.

The joyriders headed towards Moville and then they got there, saw another bus parked up on the Greencastle road, which they also started.

Cavanagh and the other man then drove the buses towards Culdaff and on to Malin.

Inspector Murphy said the men had planned to leave the buses on the green but drove around the green area a number of times and then travelled to Carndonagh.

The court heard the damage to the green caused great local anger given Malin’s pride in its tidy towns status.

Defence solicitor Ciaran MacLochlainn said Cavanagh and another gentleman got involved in the incident as a “prank of the highest order.”

He said one of the men took responsibility for the damage at Malin Green and had paid compensation. He added the duo didn’t intend to “damage or keep the buses.”

Cavanagh told the court the debacle “wasn’t planned” and “was a bad joke that got out of hand.”

He also added that he did not mean to do any harm to the village green.

Passing sentence, Judge Paul Kelly labeled the incident as “an absolute disgrace” and noted the company had now gone out of business.

He sentenced Cavanagh to 80 hours community service for the unauthorised of the first bus, another 80 hours for the second bus and a further 40 hours for the criminal damage caused to the town’s green.

A man threatened Gardai that he’d get a crowd of 600 people to beat him up on the night of the last year’s All-Ireland football final.

Letterkenny court.

Richard Rice of Claggan, Portsalon appeared before Letterkenny District Court charged with being intoxicated, causing a breach of the peace and giving a false name.

The court heard how Rice, 23, refused to move on at Lower Main Street in Letterkenny on Septemebr 21st, 2014.

Gardai approached Rice but he pushed the Garda on the shoulder and told him “I’ll get this crowd of 600 to beat the f*** out of you.”

Solicitor Patsy Gallagher said his client had suffered from an ongoing issue with alcohol for a number of years.

He added that his client had very little recollection of what had happened.

Judge Paul Kelly ordered Rice to do a total of 80 hours community service – 40 hours for being intoxicated and a further 40 for refusing to leave the scene.

A woman who was given a cheque-book by a bank to start a new business defrauded 25 other companies across Donegal out of almost €7,000 of goods.

Ms Devine cashed a number of cheques across Donegal.

Fiona Devine, 41, approached the AIB bank to start a second-hand furniture business in Letterkenny.

She was told the loan application for €10,000 was looking good and was even given a cheque-book.

The mother-of-five began purchasing various items over a six week period between September and October in 2013.

However, two weeks alter she was told by the AIB that the loan application was being refused but could appeal the decision.

But Ms Devine continued to cash various cheques in towns across Donegal including Letterkenny, Milford, Burt, Fanad, Ramelton, Ballybofey and Convoy to the value of €6,778.34.

Solicitor Michael Shiel, said his client, of 18 St Columba’s Terrace, Letterkenny, was realistically never going to get her business off the ground.

He said she suffered from bi-polar disorder and handed a medical report into Letterkenny District Court.

He said Ms Devine had bought a number of items including a laptop computer, kettle, electric blanket and toaster which had not even been taken out of their wrapping.

The court heard that cash was also drawn down on top of the cheques for goods and that no compensation had been received by any of the companies defrauded.

In total she faced 51 charges of theft and making gain or causing loss by deception.

Mr Shiel added that a compensation order could be made but the reality was that Ms Devine was of limited means.

He added that her father had recently suffered a stroke and any money she had was spent looking after him.

Judge Paul Kelly noted that Ms Devine had written the court a very elegant letter outlining her situation.

He found her guilty on a number of sample charges of the total of 50 charges before the court and dismissed the other 48 charges.

He fined her €250, made a compensation order against her and also ordered that she enter a 12 month probation bond.

The scene of the 2014 robbery at Manor post office: Pic Copyright Joe Boland North West News Pix

Two men have appeared in court and pleaded guilty to the robbery of a post office in Co Donegal.  

Derry men Noel Lavy and David Knight appeared at Letterkenny Circuit Court today charged with the robbery of Manorcunningham Post Office on October 14th last.

Noel Lavy.

A third man is due to appear before a future sitting of the court.

Both Lavy and Knight pleaded guilty to a range of charges put to them.

The court heard that a total of approximately €2,920 was stolen in the raid and that force was used against post mistress Kathleen Diver.

Knight, is 36 and from 24 Melmore Gardens in Derry,  while Lavy, is also 36 and from 57 Ballymagowan, Derry.

Lavy pleaded guilty to robbery, causing criminal damage, the unlawful taking of a Royal Mail van, dangerous driving and riving without insurance on the day in question.

Knight pleaded guilty to robbery, the production of a sledge-hammer, criminal damage and allowing himself to be carried in a mechanically-propelled vehicle.

David Knight

Lavy’s barrister Peter Nolan said his client was keen to have the issue dealt with as son as possible.

However, Knight’s barrister said his client had an issue of addiction and that he would like to have a psychiatric assessment undertaken.

Judge Francis Comerford agreed to put sentencing back until the next sitting of the court in July.

A Lifford father-of-three found with €120,000 worth of cannabis in a garage at his home has walked free from court.

Jason Mahon leaving Letterkenny Circuit Court. Pic by Northwest Newspix.

Jason Mahon, 39, was charged with the cultivation of cannabis for sale or supply at his home on 1st November, 2012.

Gardai raided Mahon’s home and found 126 cannabis plants and 2 kilograms of dried cannabis in a “room within a room” at his house.

However, he told Gardai that he was merely growing the plants to pay off a drug debt to a gang.

Investigating Garda Sgt Niall Boyle told Letterkenny Circuit Court that he and other Gardai raided Mahon’s home at 3.15pm and Mahon co-operated fully.

He found the usual fans and lamps associated with growing cannabis and Mahon mad a full admission when questioned at Letterkenny Garda station.

The court heard how Mahon had left school very early but had educated himself and had even started his own refrigeration business.

In 2009 that business fell apart and Mahon found himself with money troubles and turned to drink and drugs.

Sgt Boyle said the accused had planned to grow just one crop of cannabis to pay off his debt but that one crop soon turned to two.

The court heard that Mahon’s addictions had cost him his marriage and his three young children but that he was trying to rebuild his life and saw his children every second weekend.

He had attended the Whiteoaks Treatment Centre and was now working part-time.

Mahon’s mother gave evidence that her son had become a changed man since he succumbed to addictions but the only thing sh now wanted was her old son back.

Judge Francis Comerford said the fact that such charges carried up to a 14 year prison sentence demonstrated how serious they were.

However, he said he accepted that Mahon was pressurised and vulnerable when growing the cannabis.

After consulting with the probation services, he sentenced Mahon to 160 hours community service in lieu of there years in prison.

He also ordered him to enter a probation bond with the probation service and to follow their instructions for three years.

On laving the court Mahon thanked the judge.

A destruction order was also made for the seized cannabis.

A MAN has appeared in court charged in connection with an attack on a pensioner during a carjacking incident.

Alan Thompson, from 533 Curragh, Killygordon, Co Donegal faced four charges in relation to an incident in Buncrana on April 9.

Thompson, who is 29, is charged with intoxication in a public place, unauthorised taking of a vehicle, attempted robbery and assault causing harm.

Defence solicitor Patsy Gallagher asked for the case to be adjourned until July 9 for DPP directions.

Thompson was released on continuing bail and given free legal aid.

The charges relate to incidents at Lisfannon beach and in Buncrana on April 9.

Released on bail.

THE Jury panel for tomorrow (Thursday) at Letterkenny Circuit Court is no longer required to attend.

Stephen O’Donnell pictured outside Letterkenny court

A JUDGE has jailed one man and given a suspended sentence to another after a man they assaulted spent weeks in a coma, lost the sight in an eye and continues to suffer mentally from the attack.

Conor McHugh, who is 19 and from Ballintemple, Falcarragh, and 22-year-old Stephen O’Donnell, from Knockfola, Brinaleck, appeared before Letterkenny Circuit Court.

Both men admitted an attack on Patrick McLaughlin in the early hours of March 18, 2013, in Falcarragh.

O’Donnell, said the judge, had let the attack striking Mr McLaughlin first. McHugh then assaulted the man before O’Donnell battered him again using his fists.

CCTV footage also showed that O’Donnell’s version of events – that he had retaliated to an assault by Mr McLaughlin – was a lie.

McHugh, said the judge, knew the victim had already been knocked down to the ground and that a significant assault had already taken place against the victim when he hit Mr McLaughlin who was offered no resistance to the men.

Judge Comerford said Mr McLaughlin’s injuries were incredibly significant.

He lost a degree of his eyesight in one of his eyes; he was now capable of independent living but requires a degree of support.

“He was left him in a coma for a number of weeks. these were life-threatening injuries,” said the judge.

However as there were 7 separate blows – involving three blows and four falls – it was impossible legally to say which impact caused the injury.

O’Donnell was given a six month suspended sentence for the first assault and two and a half years in prison for the second assault, with the last 18 months suspended.

He said during O’Donnell’s year in prison he will miss the birth of his first child.

McHugh was given two years – suspended for two years – on the following basis, he should be of good behaviour, he is not to be convicted of any offences of violence or drunkeness and thirdly – within one week and – for the next 23 months – he must give €125 per month to gardai to be given to Mr McLaughlin if he will accept it. If he doesn’t the money should go to the St Vincent de Paul.

The judge said he accepted the money was “a paltry sum” when set against the injuries but he wanted McHugh to make some sort of acknowledgement each month for two years.

“It will make him think about what he has done and will give him less money for socialising,” said Judge Comerford.

He also ordered that the 18 month part of O’Donnell’s sentence should be suspended for two and half years from the date of his release from prison.

A Judge has allowed two Donegal women accused of arson attacks to walk free from court after hearing they suffered horrendously throughout their young lives.

Donna Kildea

Stacey Doran and her friend Donna Kildea, both 29, were saved from a jail term despite admitting setting fire to homes belonging to a brother of singer Dana in Newtowncunningham.

Both women had suffered huge personal tragedy in their lives but had now managed to turn their lives around.

Both women pleaded guilty to the arson incidents when they appeared at Letterkenny Circuit Criminal Court yesterday.

Ms Doran, of Ballybegley, Newtowncunningham, admitted the arson at a property on Main Street, Newtowncunningham on April 15, 2011, the property of John Brown.

She is also admitted arson at Colehill Newtowncunningham on August 29, 2011, also the property of Mr Brown.

Donna Kildea, admitted her role in the arson attack at Colehill, Newtowncunningham.

The court heard from barrister Grainne McMorrow, SC for Doran, that her client had suffered a number of tragedies in her life and had turned to drink and drugs.

Stacey Doran

In 1998 when she was just eight she had seen her sister Denise (15) die in a freak road traffic accident.

She had been walking with her family near their home when a wheel came off a lorry.

Ms Doran was hurt and her brother suffered life-changing injuries  while five years later her mother died.

Her father Peter had worked tirelessly to keep the family together, dealing with his wife’s death and his son’s disabilities.

John McLaughlin, SC for Ms Kildea, said she had also been injured in a road traffic accident when she was eight and spent the next three years of her life in Beaumont Hospital.

She had suffered long-term injuries, he said.

Gda Tom Hurley told Judge Francis Comerford that the building damaged in the first incident had to be knocked down with a cost to the owner of €120,000.

However he said both women had turned their lives around since the incident and had not come to the attention of gardai.

Judge Comerford said both women had suffered ‘horrendously’ in their lives and it was almost understandable after what they had gone through.

He said he would ‘ordinarily’ impose a sentence of imprisonment for such offences but he had to acknowledge the efforts made by the defendants.

He sentenced Stacey Doran to 40 hours of community service in lieu of 9 months in prison.

He sentenced Kildea to nine months in prison but suspended it for two years, on condition she be of good behaviour and complies with the direction of the probation service.

Judge Comerford extended his best wishes to both women.

Sidney Gibson appears at an earlier court sitting. Pic copyright of North West Newspix.

AN east Donegal man has pleaded guilty to possession with intent to supply drugs.

Sidney Gibson (47) of 319 The Curragh, Killygordon, was arrested in Castlefin last February as part of a garda investigation into the seizure of cannabis worth €200,000.

At Letterkenny Circuit Court on Wednesday Gibson pleaded guilty to a charge of possession of drugs worth more than €13,000 with intent to supply.

Judge Francis Comerford was told Gibson had a previous conviction some time ago for possession of drugs.

The judge ordered a probation report and deferred sentencing of Gibson until July.

The late Enda McLaughlin

A CO Donegal man whose brother died in horrific circumstances in Germany last year was the victim of torture by his mother, a court has heard.

Daniel ‘Skippy’ McLaughlin, from Glentogher, Carndonagh, was before Letterkenny Circuit Court charged with assault causing harm.

His brother Enda died after being struck by a car in north west Germany. He had earlier stabbed three people.

But like his brother Enda, Patrick had an “horrific” childhood, said social worker Janice Arthurs in evidence to Judge Francis Comerford.

Garda Declan Lambe told the court how he was called to reports of a disturbance at Miller’s Way in Carndonagh on September 30, 2011.

McLaughlin’s friend Andrew Drury had earlier mad a 999 call.

Garda Lambe entered the house and found Drury sitting on the stairs, directing him to the kitchen.

He said Daniel McLaughlin was in an agitated state and covered in blood and demanding to know if there was a search warrant.

The garda said he entered the kitchen and saw a large bread knife covered in blood. He looked down and saw Brian McLaughlin Logue lying on the floor covered in blood.

The stab victim was rushed to hospital with life-threatening injuries but after several weeks went on to make a full recovery.

When interviewed, Daniel said he didn’t remember what had happened.

“I must have flipped, I went clean mental,” he told gardai.

He remembered a fight on the street outside but not the stabbing.

“Why that happened I don’t know; I went bananas, I went nuts,” he said.

The garda said the two men had since settled their differences and Daniel McLaughlin was now a changed man who had not been in trouble with gardai since then.

Ms Arthurs told the court that the McLaughlin children had been subjected to “physical abuse and torture by their mother when they were young”.

Their father Patrick, who was away working in Dublin most of the time, had not been aware of the situation at home, said the social worker.

Elizabeth McLaughlin, who died in a house fire in 2010, would pick on another sibling Jonathan.

“She once used evostick glue to stop bleeding from a wound,” said Ms Arthurs.

“She deliberately didn’t feed him; she starved him. And she punished Daniel when he tried to feed his brother.”

Ms Arthurs said Daniel is very remorseful for stabbing his friend.

“He has tried to turn things around. He has stopped drink and drugs and is receiving treatment at a mental health unit. All the children have struggled with adult life because of what went on in their childhood,” she said.

Defence barrister Peter Nolan said the case was ‘tragic’ but that Daniel had not been in trouble since, and was working with all those who would help him.

He was also undergoing radical new treatment to tackle his addictions.

After listening to the case Judge Francis Comerford said it had been a horrible assault. However he wanted to monitor Daniel McLaughlin further and agreed to delay passing sentence until January 2016.

He ordered McLaughlin to continue undergoing new methods of treatment and to stay away from alcohol and drugs.

A young Letterkenny man has been fined €2,500 after pleaded guilty to stealing dozens of beer kegs from two different pubs.

Ferry admitting stealing dozens of beer kegs and was fined €2,500.

Dean Ferry, 29, appeared at Letterkenny Circuit Court charged with three different counts of theft.

Ferry, of Lisnennan Court, previously pleaded guilty all three charges of stealing the empty beer kegs.

Ferry was charged that on July 4th, 2012 at Sister Saras in Letterkenny he stole three beer kegs worth €300.

On the same date he was charged with stealing 16 beer kegs worth €1,600, the property of Diageo, from the Cornerhouse Bar at Oldtown, Letterkenny.

And on the same date he is also charged with stealing a further eight beer kegs worth €800, the property of Bulmers, from Sister Saras.

Judge John O’Hagan ordered a probation and welfare report on the accused and the case was adjourned until today.

At today’s sitting, Judge Francis Comerford convicted Ferry on the first count and took the other two charges int consideration.

THE trial of three Polish men on charges of aggravated assault collapsed at Letterkenny Circuit Court after the alleged victim refused to give evidence against them, telling a judge: “I will sort this out myself when I get back.”

Before the court in a trial before a jury were Przemeek Kieloch, 44A Glencar Park, Letterkenny, Arkadiusz Laskowski, 29 Whitethorn Grove, Letterkenny and Wojcieck Loiskowski, pictured, 60 Cnockard Park, Letterkenny.

The prosecution alleged the men were part of a gang which burst into a house in the town in March 2012 and beat Jaroslav Lupinski.

DPP lawyer Patricia McLaughlin, outlining the case to the jury, said the assault case was serious in that the victim had been the subject to an attack which involved him being hit with an iron bar as well as being repeatedly punched.

But there was shock in court No 2 in Letterkenny when Mr Lupinski was asked to give evidence via video link from Poland where he is serving a prison sentence.

He repeatedly told Ms McLaughlin that he was assaulted but that he would not be giving evidence against the men.

His view – translated by an interpreter in the Letterkenny court room – was that he wanted to return to Ireland to give his evidence. He is due to be released in just six weeks.

“Nothing was done in my case for two years and now suddenly everyone wants to do something,” complained the father of two.

He told Ms McLaughlin: “You can throw this (the case) in the bin.”

Judge Comerford told Mr Lupinski that under Irish law he had to answer questions put to him.

But the alleged victim said: “I will sort this out myself when I get back (to Ireland).”

The judge warned that Mr Lupinski had just committed a “very serious criminal offence”.

“The Polish authorities should be contacted and told what has happened with this witness,” he said.

However he agreed Mr Lupinski was not in contempt of court because he was appearing from a Polish court room.

The judge asked the interpreter to tell the alleged victim that the prosecution had been brought and that he was obliged to cooperate.

“I have no time for this sillyness – the court can put it into the bin,” replied Mr Lupinski.

“That might be Irish law, but it’s not Polish law. I will just deal it with myself.”

The three accused men sat in court watching the exchanges.

Defence lawyers asked for the case to be thrown out, on the grounds they would be unable to cross-examine Mr Lupinski who was refusing to give evidence.

Ms McLaughlin asked for an adjournment whilst she sought the opinion of the Director of Public Prosecutions (DPP).

When the case resumed she told the judge that the DPP had advised that a Nolle prosequi be entered in all three cases – effectively dropping the case against the three men.

It’s understood Mr Lupinski is due back in Letterkenny in mid-June.

A SOLICITOR’S firm has failed in an attempt to have a legal action from its neighbour thrown out of court.

Seamus Gunn, trading as McCloughan Gunn Solicitors, applied to Letterkenny Circuit Civil Court to have a legal action from Ruth’s Pharmacy struck out.

Siobhan and John Logue, owners of the pharmacy on High Road, Letterkenny, have issued legal proceedings against the solicitor’s firm alleging the loss of tens of thousands of euro.

They say excess water running from the legal firm’s office has caused damage to their property next door.

However barrister Ciara Fitzgerald, acting for solicitor Seamus Gunn, applied to Judge Francis Comerford to have the claim for damages struck out.

Ms Fitzgerald alleged, among other things, that an extension at the rear of the pharmacy which was the subject of the claim, had never been given planning permission.

As such, her client had never been given the opportunity to object to the construction and therefore had never been given a chance to object to the extension.

However barrister John McLaughlin, instructed by solicitor Kieran O’Gorman and acting for the Logues, said the case should only be dealt with at hearing.

Mr McLaughlin said that McCloughan Gunn solicitors hadn’t produced any evidence in its legal papers to back up the allegation the extension didn’t have planning permission other than the opinion of an architect.

Even if it didn’t, he argued, the Logues had a right to sue for damages caused by the alleged neglect of the buildings by Mr Gunn.

Judge Comerford agreed with Mr McLaughlin.

He said in order to strike out a case, and without prejudice to any future hearing, it had to be “impossible” for a plaintiff to win a legal action action.

He said among the strongest rights available to a citizen is the right to access to the courts.

Restricting such rights would be an abuse of the process and he could see no basis to restrict the process in this case.

He refused Mr Gunn’s legal challenge and ordered the case could go ahead.

He also awarded costs to the Logues but ordered there should be no enforcement on those costs until after the conclusion of these proceedings.

A Co Donegal man has gone on trial today charged with indecently assaulting a 10 year old boy in the summer of 1984.

Letterkenny court.

The man, who cannot be named during the trial, has denied both charges of indecent assault.

The complainant is a man who now lives in New York who gave his evidence by video-link at Letterkenny Circuit Court this morning.

The man claims his alleged attacker gave him £5 to row his boat while he was fishing.

While out fishing the man is alleged to have produced a condom and asked him to try it on while he exposed himself to the 10 year old boy.

The man is also alleged to have produced pornography from a black bin bag.

The man also claims his alleged attacker left him off on a small island and asked him to try it on but he could not get it on and he left the island.

On another occasion, the man claims that he was offered £20 by the man to turn turf at his bog which he agreed to do.

After the work, they went back to the man's house.

The witness then claimed he was given pornographic material and told to go into the bedroom and masturbate.

When he did this, he claims the man then came into the bedroom and masturbated himself.

However, barrister for the accused, Mr Cormac Ó Dúlacháin said his client will deny all the charges and will say that he did not even know the accused.

The trial, before a jury of seven women and five men, continues.

There will be no jurors required for jury selection tomorrow (Wed). Thank you.

A Gortahork man has been "given a chance" after being ordered to pay €1,500 to a man he assaulted.

Martin Maguire

Martin Maguire of Ardsbeg, Gortahork, appeared at Letterkenny Circuit Court in relation to assault causing harm to Andrew Sweeney at Magheraclogher, Bunbeg on October 27, 2008.

Maguire pleaded guilty to the charge before Judge Francis Comerford yesterday.

Judge Comerford imposed a three month prison sentence, but said he would suspend the sentence if Maguire paid over the compensation.

He said Maguire had been "given a chance" because he had gone to work in England in order to raise money for compensation.

The accused man handed over €1,000 of the compensation to the court and has a week to hand over another €500 if the prison sentence is not to imposed.

He agreed to sign a bond to be of good behaviour.

A 31 year old man has pleaded guilty to arson and making threats to kill or cause serious injury when he appeared at Letterkenny Circuit Court yesterday.

Joseph McGranaghan admitting making threats to kills or cause serious harm to a woman using a knife or screwdriver on May 21st, 2012.

He also pleaded guilty yesterday to arson at a home at Emmet Park in Castlefin on the same date.

Barrister for McGranaghan, Mr Peter Nolan, said his client was on medication and was in the care of the mental health services.

He asked for a probation report on his client, also of Emmet Park, and asked for the case to be adjourned until the next sitting of the court.

Barrister for the state, Ms Patricia McLaughlin, agreed on the condition that full facts be given in the case.