Jason Haughey. Pic by Northwest Newspix.

A well-known Letterkenny criminal has pleaded guilty to a series of incidents.

Jason Haughey appeared at Letterkenny Circuit Court today charged with a number of incident including burglary and assault with a knife.

Haughey, who is currently on remand, pleaded guilty to all charges which were read out to him.

He pleaded guilty to assaulting Dara Harvey on April 23rd, 2012 at Kilmacrenan Road.

He is also charged with producing an article capable of inflicting injury, namely a knife on the same occasion.

Haughey was also charged with burglary at Glencar Road in Letterkenny on February 4th, 2013 at the home of Padraic and Majella Gallen. He was also charged and pleaded guilty to assaulting Mr Gallen on the same occasion.

He again pleaded guilty to a charge of burglary on January 23rd, 2013 at Castle Street, Letterkenny.

He was also charged with an pleaded guilty to obstructing a Garda on 4th Feb, 2013 at Glencar Road and also assaulting a Garda at Letterkenny Garda station on February 4th, 2013.

A charge of possession of a controlled drug, namely cannabis resin, on February 4th, 2013 at Letterkenny Garda station was also pleaded guilty to by Haughey.

Haughey's barrister Peter Nolan said his client had a long relationship with the courts and he was asking for the best possible assistance in the case.

Judge John Aylmer adjourned the case until April, 2016.

The burnt out bus from April 2012

A plasterer who stole a Lough Swilly bus and drove it through the village green in Malin just days before Tidy Town judges were due to visit has handed over €5,000 to the committee in court today.

Darragh Canny, 23, from Effishmore, Gleneely, pleaded guilty to five charges relating to THREE different incidents involving the theft of Lough Swilly buses from the company's depot in Carndonagh in 2011 and 2012.

He faced four counts of taking a vehicle and one of criminal damage.

CCTV had helped gardai track Canny when he and a friend took two buses from Carn in June 2012 and drove in convoy to Malin.

Canny admitted driving one of the buses around the village green before he and a friend abandoned the buses, Sgt Carol Doherty told the court.

He also admitted being part of a gang which stole a bus which was later found burnt out in Culdaff in April the same year, though a report found that the bus had caught fire and had not been set on fire.

When he was questioned by gardai Canny admitted his role in both incidents and went on to admit his role in another bus theft in May 2011 from the same depot.

Sgt Doherty said all the incidents had caused huge disruption to the Lough Swilly Bus Company which has since folded. The cost to the operator of the incidents was estimated at more than €40,000.

In the Malin incident a local garda had found the two buses abandoned just after 7am on June 13, 2012.

"One was reversed into a lane and the other bus was put across the road," she said.

Canny told gardai that in Malin incident he had spent the night in Simpson's Bar in Carndonagh.

After they stole the buses, Canny admitted to gardai: "It was my idea to drive to Malin. I drove over the kerb and we just went round and round in circles."

Canny had expressed deep remorse to gardai and had given compensation to the Tidy Towns committee of €150 which was all he could afford at the time. He also apologised to the committee and did voluntary work for them.

He was now working again, the court heard, and had saved up €5,000.

"I am very sorry for what I've done," he told gardai.

"I am not that sort of person at all. Drink doesn’t agree with me."

Judge John Aylmer said it was clear that Canny had been involved in 'high jinks'. He was clearly remorseful and had been assessed as being of low risk of re-offending.

Canny had no previous convictions and had shown from his efforts in raising €5,000 genuine remorse for his actions.

He sentenced Canny to five 12-month concurrent prison sentences but suspended them for a period of 12 months.

Asked if he would sign a €100 bond to keep the peace, Canny replied: "One hundred per cent."

Canny then thanked the judge before leaving court.

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

Three bungling thieves used a bright red stolen Royal Mail van to carry out a terrifying post office robbery in Co Donegal.

The men, all from Derry, dressed up in hi-visibilty jackets before traveling to Manorcunningham to carry out the raid on October 4th last year.

The men, carrying a hatchet, knife and hammer terrified the postmistress before making a break for the border with €2,972 in cash from the raid.

The men initially tried to break down a locked door of the post office before realising the door beside it was actually open.

But unknown to the men, Gardai had been tipped off by their counterparts in the PSNI in Derry that a Royal Mail van had been hi-kjacked in Derry earlier in the day.

Detectives were patrolling the border and managed to use a stinger device to bring the getaway mail van to a halt.

All three men, who have 300 previous convictions between them, were arrested and appeared at Letterkenny Circuit Court yesterday after pleading guilt an an earlier court sitting to the charges.

Detective Garda Rosemary Rooney recounted the terrifying experience which the gang put the postmistress through.

The court heard how Ms Kathleen Diver saw the men in hi-viz jackets coming past the window of her post office carrying weapons and pressed the alarm.

However the men burst into the premises and smashed up the entire promises using the hammer and hatchet.

The terrified postmistress, who did not come to court, threw the cash at the robbers.

The owner of a hairdressing salon next door, Ms Amanda Devenney, managed to contact Gardai who rushed to the scene and also gave chase.

All three men, David Knight, who is 37 and from 25 Melmore Gardens in Derry, Noel Lavy, also 37 and from 57 Ballymagowan, Derry, and Joseph McMullan, who is 5 Kavanagh Court were arrested a short time later despite trying to flee across fields when the tyres of the mail van was burst by the Garda stinger.

The court heard how all three men came from deprived backgrounds and all had issues with drugs.

Barrister Damien Crawford said the raid was carried out with little planning and by men who were all high or under the influence of drugs.

"Short of driving a red fire engine or Dr Who's tardis and wearing hi viz jackets they could be not more conspicuous," he said.

Judge John Aylmer said he needed time to consider all the submissions of the men's backgrounds and adjourned the case until December 16th next.

Mark Cassidy leaving court at previous sitting. Pic copyright of Northwest News pix.

A man has appeared in court charged with trying to bomb a house in Letterkenny.

Former soldier Mark Cassidy appeared at Letterkenny Circuit Court yesterday in connection with the attack outside a house in Manor View Park.

The incident happened on November 22nd, 2013.

Cassidy pleaded guilty to two different charges in connection with the incident outside the home of Alan Coyle.

Cassidy is charged with having in his possession an explosive substance which could endanger life or cause damage to property.

He was also charged on the same date with having an article in his possession, namely an improvised explosive device, that caused damage to a Mitsubishi Pajero Jeep.

Cassidy, who is currently serving a jail sentence for another offence, pleaded guilty to both charges.

The case was adjourned until next April at the request of Cassidy's barrister Mr Peter Nolan who asked that his client be attended by a psychiatrist and that a probation report also be carried out.

Judge John Aylmer also invited the victims of the incident, namely Alan Coyle, his wife Geraldine and their daughter Katie to come along to court on that occasion to give their victim impact statements.

A TEENAGE girl has been awarded €15,000 in damages after a car crash two years ago.

Letterkenny Circuit Court heard how the girl - then 16 - was injured in the accident in Castlefinn in August 2013.

Her barrister told the court that she suffered neck, shoulder and lower back injuries in the crash and was off school for four or five days.

She continued to suffer psychological effects for around a year after the incident.

"Those symptoms were gone within a year of the crash," said the barrister.

Judge John Aylmer approved the settlement by the insurance company.

Judge gave the woman a suspended jail sentence.

WARNING - GRAPHIC CONTENT CONTAINED: A woman only realised she had sexually abused a young child when she undertook a child protection course.

The woman appeared at Letterkenny Circuit Court yesterday facing two charges of sexual abuse against the girl in the mid 2000s.

The court heard how the two incidents took place while the child, who was 10 or 11 years old, was in the care of the accused woman.

In the first incident the woman, who cannot be named to protect the identity of the victim,
was invited over to the woman's home.

After watching television, the accused woman kissed the child, rubbed her breast and then rubbed her own breasts.

The little girl told her mother what had happened but when approached by the child's mother, the accused woman said she had only been playing with her.

On the second occasion, the girl's father had been forced to leave his daughter with the woman as his wife had been in a car crash and he had no babysitter.

This time the child was ordered to take a bath and the woman rubbed the child's vaginal area with a flannel for five minutes.

The woman told the court that she only appreciated the seriousness of the incident when she undertook a child protection course and disclosed the abuse.

The incidents were then followed-up on by support services and the Gardai.

A victim impact statement on the child revealed how the victim is a very changed girl as a result of the attacks.

She stays at home a lot and gets upset very easily.

She is still unable to develop relationships with boys and remembers the abuse when she takes a bath or shower.

The court also heard how the accused woman also suffered prolonged sexual abuse and became pregnant at the age of 12 before miscarrying.

She was abused sexually, emotionally and physically by siblings, her mother’s partners and people who came into her house.

A doctor who treated her said she had suffered “the most grave and prolonged case of sexual abuse that I have come across.”

Judge John Aylmer said he put the offences on mid-range of seriousness but at the lower end of mid-range.

He said he did not want to overlook the impact on the victim so he was imposing a custodial sentence but suspended it in light of mitigating factors including the guilty plea that saved victim from cross examination.

He sentenced the woman to 18 months in jail for each of the two offences to run concurrently but suspended them for two years

He also ordered that she have no unsupervised contact with any person under 18 years of age or any vulnerable adult.

She was also ordered to engage in a treatment programme for sexual offenders and answer all questions truthfully in relation to her offending while remaining on the sexual offenders register for a statutory five years.

A DONEGAL man who works as a journalist with the BBC in the North has been charged with rape.

Sean O'Halloran, who is originally from Greencastle, works at Radio Foyle in Derry as a broadcast journalist.

Now living at Northland Road in the city, the 29-year-old faced Derry Magistrates' Court today accused of raping a woman in May 2014.

The journalist faces two additional charges of sexual assault on the same date.

A prosecution lawyer told the district judge that she believed the defendant had a case to answer.

When asked if he had anything to say to the charges, Mr O'Halloran replied "no".

Released on continuing bail, the defendant must reside at Northland Road until the start of his trial.

He must not also contact the complainant or any other prosecution witnesses in the case.

The defendant will appear at Derry Crown Court on Wednesday, January 6, 2016 to be arraigned on all three charges.

A Donegal parish priest facing trial on drink-driving charges is entitled to declarations that a failure to provide him with certain official documents in Irish breached the State’s constitutional obligations, the High Court has ruled.

Ms Justice Bronagh O’Hanlon said her decision does not prevent the trial of Donnchadh Ó Cuinn proceeding next month at the District Court and also does not affect the work of the District Court “in aon chor” (in any way).

Fr Ó Cuinn, parish priest of Falcarragh, is charged with driving in excess of the legal limit for alcohol on March 29th, 2014, at Main Street, Letterkenny. He denies the charge.

In judicial review proceedings, he argued, as a native Irish speaker, he is entitled to conduct official business through Irish, his native language, the national language and the first official language of the State.

He claimed the State defendants breached those rights in failing to make available in Irish some official documents, including the relevant District Court rules and Statutory Instrument.

The documents at issue were not available in Irish, only in English, at the time of the alleged offence in March 2014, the Irish Times reports.

Fr Ó Cuinn secured leave in November 2014 to bring the judicial review and a stay on any further step in his prosecution was granted pending the outcome of that.

In her judgment, Ms Justice O’Hanlon said Fr Ó Cuinn was entitled to certain declarations. She also noted his counsel Séamus Ó Tuathail had said, because of how the case proceeded, he was not seeking certain additional reliefs, which had included an order staying any further step in the prosecution until the relevant documents were available in Irish.

The judge said the two declarations granted did not prevent his trial proceeding in the District Court in Letterkenny next January and also do not affect the work of the District Court in any way.

She granted a declaration the Minister for Justice, Ireland and the DPP breached their constitutional obligations in not providing an official translation in the national language, the first official language, of the District Court rules as soon as possible following their publication in English.

She granted a second declaration the statement on which the charge against the applicant depends is not a statement in the form as determined on foot of Statutory Instrument No. 541/2011, or Section 13 of the Road Traffic Act 2010, insofar as it does not answer to the schedule of that instrument especially in its being in English only.

Finbarr Boyle

A COUNTY Donegal school principal who guilty to a series of embezzlement and fraud charges involving tens of thousands of euro has lost his job as a soccer coach

Finbarr Boyle, from Ardara, has had his sentence adjourned until next December to allow him to pay back €25,000 of the €200,000 he stole from Kilnaleck National School in Co Cavan in a crime which deprived hundreds of kids of school dinners for four years.

The 35-year-old had told an outside catering company to stop providing school meals to the school in 2008 by claiming a Department of Social Protection grant had been stopped. But the money hadn't stopped and he stole the money.

Boyle was described in court earlier this month as a 'fantastic' soccer and gaelic football coach.

Donegal Daily has learned however that he has now been fired by the Donegal Schoolboys where he had been coaching some of the county's most talented young soccer players.

Soccer authorities only learned of his crimes in the past few weeks.

Cavan Circuit Court heard Boyle had spent €66,000 on a school credit card alone.

He pleaded guilty to seven sample charges of theft including five separate counts of stealing a total of €73,320 from the Department of Social Protection between November 2009 and February 2011.

He also admitted forgery in creating false invoices for food.

The court heard Boyle - also known as Fionbar O Baoill and a regular teacher at an Irish language summer school in Ranafast - was from Ardara and had been living with his elderly parents since his wife left him.

He was living on the dole and was unable to get a job.

A character reference was made by a number of retired teachers including Gerry Murphy who runs Coláiste Rann na Feirste who pleaded for leniency in the case.

Mr Murphy said Boyle was a brilliant teacher who had made a mistake.

Sgt Fitzpatrick said the crimes had a devastating effect on the village where Boyle had been principal from 2005. Parents were angry and upset, he said.

Judge John Aylmer said he would allow Boyle a year to pay back €25,000 from the money stolen and adjourned sentence until next December.

He said he wasn't making any promises but if Boyle paid the money he would be minded not to impose a custodial sentence.

A 'hair-brained' cannabis-growing operation found in Kilmacrennan was almost worthless after a bungling grower used only male plants to try to cultivate the drugs.   

Two men, Robin Kerr, 72, and Thomas McKemey, 41, appeared at Letterkenny Circuit Court today in connection with the drugs operation.

The court was told that Gardai from Letterkenny and Milford backed up by members of the National Drugs Unit raided the premises at Leiter, Kilmacrennan on 10th September 2013.

There, they discovered a number of polytunnels and also a converted trailer which was fitted with irrigation and lighting systems to help cultivate cannabis.

Inside Gardai found cannabis plants with a street value of €120,000 but because the majority of the plants were male and without buds, they were practically worthless.

A value on these plants was not given to court.

Detective Garda Alfie McHale gave evidence in the case and told how the ESB had been by-passed in order to grow the cannabis without detection.

In the tunnels a total of 145 male plants and five female cannabis plants were found, while other dead cannabis leaves were found strewn around.

The female plants were worth €800 each but no value was put on the male plants.

Detective Garda McHale said the discovery of other discarded leaves suggested that there had been previously been another crop of cannabis which had been harvested.

An ESB spokesman said the damage caused to the ESB meter was €500 but was described as a very dangerous operation.

Kerr, a grandfather of 12, who ran a steel business, had no previous convictions.

However, McKemey, a motor mechanic, had 10 previous convictions for a number of offences including road traffic, public order and hold a phone while driving.

A pipe containing cannabis which belonged to Kerr was found at the premises amidst claims by barrister Damian Crawford that his client took the cannabis for medicinal purposes as he had asthma.

However barrister Crawford said his client was innocent of anything to do with the growing of the cannabis and did not even know about the operation but was simply growing tomatoes and strawberries in his polytunnel.

Barrister Peter Nolan said his client, Thomas McKemey said his client had explained the incident was "an experiment that went wrong."

He said the attempt to grow cannabis went wrong because he had all male plants in one polytunnel and female plants in the other tunnel.

He argued that the street value was not anything near €120,000 as McKemey did not know "the birds and the bees" of cannabis plants.

He suggested it was a very amateur operation which had taken root after a book on growing cannabis was left behind by another man.

The court was told it was a very open operation with children's swings nearby.

"There was certainly more expertise needed," said Garda McHale.

Kerr was charged with criminal damage and also simple possession of cannabis while McKemey was charged with possession of cannabis for sale and supply and cultivation of cannabis.

Judge John Aylmer said "This was a serious effort on behalf of Mr McKemey to cultivate what would have been €120,00 worth of cannabis and to sell it.

"The grow house was extremely amateurish and was clear from evidence that he did not know what he was really doing and was consulting books going along. I'm satisfied into was his first adventure into such criminal activity."

Adding that he was satisfied he had learned his lesson, he sentenced him to three years for each sentence to run concurrently but suspended both sentences in their entirety.

In the case of Robert Kerr, Judge Aylmer noted that the accused had maintained he was not involved in the cultivation of the cannabis.

He added that he was a man in his 70s who had been found in possession of a small amount of cannabis and fined him €50 on this charge and on the charge of criminal damage to an ESB meter, he fined him €2,000.

A 77-year-old man who crashed into a parked car has been convicted of dangerous driving and fined €300 at a sitting of Letterkenny District Court.

James Brogan, with an address at The Cottages Dunfanaghy was charged with Hit and Run, (Failure to report occurrence) Hit and Run (Failing to give appropriate information) and Dangerous Driving following an accident on the 1st of May 2015.

The court heard that Mr Brogan slammed into the back of a parked car on the Main Street, in Dunfanaghy.

Solicitor for the defendant Frank Dorrian told the court, "Mr Brogan was driving downhill into Dunfanaghy, and he feels something to his right distracted him - which resulted in him careering into the back of a parked car.

"However, CCTV footage isn't very clear and doesn't clearly indicate if he was distracted by something to his right."

In fact the court heard - that TWO parked cars were damaged during the accident, the first parked car that was struck was pushed into the back of a second parked car.

However, solicitor for the defendant Frank Dorrian contested the Hit and Run charges.

Dorrian said, "Mr Brogan stayed on the roadway for EIGHT minutes following the accident.

"There was a large group of people along with him - and many of them were encouraging him to go and get medical attention.

"A neighbour took him to her house and gave him a cup of tea, and a change of clothes and then proceeded to take him to hospital for further observation."

The court heard how Gardaí didn't arrive at the scene until forty minutes after the accident.

However, they said Mr Brogan had obligations to report the accident - and said all he had to do was make a call.

The court also heard that there was no witnesses to the accident and nobody else was injured apart from the defendant.

Frank Dorrian added, "Mr Brogan is retired, and is a bachelor who lives on his own - and is someone who highly respected in Dunfanaghy.

Judge Paul Kelly said, "It was a very regrettable chain of events."

He ordered Mr Brogan to pay €300 for Dangerous Driving and gave him six months to pay.

He struck out the charges of Hit and Run (Failure to report occurrence) and Hit and Run (Failing to give appropriate information)

THREE men who carried out a vicious armed robbery on a Post Office in Donegal have been sentenced to EIGHTEEN years in prison - with some of the jail term suspended.

The gang, all from Derry, were sentenced this afternoon at a sitting of Letterkenny Circuit Court.

Noel Lavy, David Knight and Joseph McMullan had more than a staggering THREE-HUNDRED previous convictions between them.

The three men carried out the vicious attack using a stolen Royal Mail Van on October 4th, 2014 at the Post Office in Manorcunningham.

The court heard how the trio hijacked a Royal Mail van in Derry after participating in a massive binge of alcohol and drugs the previous night.

They bought hi-viz jackets and headed across the border into Donegal with the hijacked van and carried out the terrifying raid at the Post Office in Manorcunningham which was owned by Mrs Kathleen Diver.

The trio stormed the post office and used a sledgehammer to smash the protective screen that Mrs Diver was sitting behind.

A terrified Mrs Diver emptied the till - and threw the cash which amounted to €2,930.00

The men fled the scene - but Gardaí apprehended the men after using a stinger to puncture the tyres of the Royal Mail van they were driving.

When sentencing Judge John Aylmer said that despite the comical and amateurish elements to the case did not dilute the absolutely terrifying experience suffered by Mrs Diver.

He told the court, "This was a serious, serious offence, and despite the comical elements like using a Royal Mail post van to carryout the robbery, there was nothing comical about weapons being brandished in a threatening manner.

"This was a terrifying experience for Mrs Diver, and even though she suffered no physical injuries, the trauma of the incident left her terrible shook-up and traumatised.

"This robbery is the most serious of offences, and attracts a maximum sentence of SEVEN years.

"It is difficult to distinguish anything between the three men, they were all fully co-operative with Gardaí and also entered a guilty plea, although it must be pointed out that all three men were caught red handed.

"The three men all have huge previous convictions and all seem to have chronic issues with drugs and alcohol abuse and all come from deprived backgrounds, they have engaged in crime for most of their lives.

"I do acknowledge that each one of them have expressed since remorse for what they've done and have behaved exemplary since being in jail."

The court heard that all three men have been remanded in custody since the incident last October.

The court also heard that Noel Lavy who had history of heroin abuse - was further troubled by the fact his son - who also had issues with drugs - was kneecapped in both knees after being brought along to a meeting by his father.

When passing sentence on Lavy, Judge Aylmer said, "I take into account your guilty plea, and the fact you've fully co-operated with Gardaí during their investigations into the incident.

"You've also expressed sincere remorse for your actions and I acknowledge you've behaved well during your time in prison.

"Considering this I impose a sentence of SIX years, but I will suspend the final THREE years.

"You will also enter into a bond of €100 to keep the peace for two years after your release."

When sentencing David Knight, Judge Aylmer said, "I also take into account your guilty plea and the fact you co-operated fully with the Gardaí and apologised sincerely for your actions.

"I know you've been in a steady, stable relationship for 17 years and have four children.

"Your behaviour in prison has been exemplary, and I know like the other defendants you have a long history of drug abuse and crime.

"Although, unlike the other two defendants you've have TWO previous convictions for robbery.

"So I propose a sentence of SIX years with the final TWO suspended, and you will also enter into a bond for €100 for two years upon your release."

When sentencing Joseph McMullan who has 126 previous convictions, Judge Aylmer reiterated what he had said about the other two defendants and acknowledged that McMullan was co-operative and had shown genuine remorse.

Judge Aylmer said, "I know you've availed of the education services in prison, and you've shown great scope for rehabilitation.

"I take into account your addiction problems, and that you're the youngest of the three offenders.

"Your behaviour since being in prison has been very good and I know you're remorseful for your actions - and that you're desperate to stay drug-free and rebuild your life.

"I impose a sentence of SIX years and I will suspend the final THREE, and you will enter into a €100 bond to keep the peace for two years upon your release.

The trio were sentenced to a combined total of TEN years in prison with EIGHT years suspended.

Judge ordered man back to jail.

A man who stalked his former girlfriend after breaking a safety order against him - has been sent back to jail after refusing to accept the order.

One Garda, with almost 20 years service, gave evidence that Dawid Maciag's victim, was the most frightened he had ever seen a person in all his years in the force.

Maciag, 33, of Ard Adhannhain, Sallnagrane, Letterkenny was jailed in September for six months for refusing to heed and adhere to the conditions of the safety order made against him.

The court heard that at a previous sitting at Letterkenny District Court on May 28th - a barring order was obtained against Maciag.

However, despite initially adhering to the order - Mr Maciag then embarked on a stalking campaign in which he broke the order FIVE times during a TWO month period.

Garda Emmet Brady disclosed the harrowing details to the court - and said that in all his seventeen years as a Garda he'd never seen a victim so terrified and scared of an ex-partner.

Mr Maciag was seeking bail and early release from his prison sentence - but Garda Emmet Brady said the victim was at her wits end at the prospect of him being released.

The court heard that Mr Maciag breached his safety order on August 9th, 10th, 30th and then again on September 5th and 8th and that was why he had been jailed.

Recalling the final order breach, Emmet Brady told the court, "On September 8th, Mr Maciag spotted the applicant of the order inside the old Dunnes Stores near Oldtown.

"He then entered the shop and gave the impression he was going to buy some items - his terrified ex-partner made a dash for the exit - but was followed by Mr Maciag.

"She then crossed the road and entered a pharmacy, Mr Maciag stood at the entrance and said 'I just want to talk to you.'

"A member of the public noticed how distressed the young woman was and ordered Mr Maciag to stay outside the shop."

The court then heard that Gardaí were then called to the scene - and Mr Maciag was later arrested and subsequently jailed.

Solicitor for the defendant Patsy Gallagher asked Gardaí Brady had Mr Maciag physically assaulted his ex-partner during any of the times he breached his order.

Garda Brady responded said that at no time was the victim physically assaulted, but said she lived in constant fear and that it had a terrible impact on her life.

Patsy Gallagher also asked did Mr Maciag threaten her at any stage, to which again Garda Brady responded, "No, he just kept asking her to let him to talk to her, it repeated constantly that they needed to talk.

Patsy Gallagher then called his client to the stand and asked him did he accept the rules and regulations of the safety ordered against him.

The court was left stunned when the defendant said, "No, I don't accept the safety order, because it's not me, it's about other people."

Judge John Aylmer then asked Patsy Gallagher did his client understand the question, with the aid of his interpreter the question was relayed to him again and he gave the same response.

Judge Aylmer said, "In light of this admission, there is no merit in the application before the court."

Judge Aylmer then allowed Mr Gallagher to speak to his client outside for five minutes to relay the question once again.

However, when the hearing resumed, Mr Gallagher informed the court that his client refused to accept the safety order made against him.

Judge Aylmer dismissed the application and Mr Maciag was led back to jail to serve the remainder of his six-month sentence.

THREE Pelagic fishing vessels based in Donegal were given fines yesterday afternoon - for failing to correctly declare the amount of catch they had landed.

The Golden Rose, The Paula and The Sheanne were all in the dock, having plead guilty to falsely declaring what they had landed.

The skippers of the three vessels at the centre of the investigation - Tom Doyle (The Paula) Donal Murphy (The Sheanne) and Thomas Faherty (The Golden Rose) all appeared in court yesterday afternoon in relation to the offences.

The National Bureau of Fraud launched an investigation into 'overfishing' by Pelagic trawlers fishing out of Killybegs.

The offences before the court were dated back to incidents in September 2003 and February, 2004.

The court heard how warrants had been obtained, and a number of documents seized as the investigators launched a blitz on the Pelagic fleet.

The first case dealt with yesterday, was that of The Paula, a Killybegs fishing vessel owned by Mick Doyle.

Garda Tom Croft told Letterkenny Circuit Court, "After a lengthy investigation, documents showed that instances of overfishing had occurred on the vessel.

"Skipper of The Paula, Tom Doyle was arrested by arrangement on the 29th June, 2007.

"By law, when a fishing vessel lands, it has to make a landing declaration indicating the quantity and type of fish caught."

The court then heard that on the 23rd September, 2003, The Paula declared that they had 29 tonnes of SCAD, however, it was discovered that there was a further 29 tonnes of SCAD undeclared by the vessel.

The value of the undeclared catch amounted to €5,583.00.

Solicitor for the defendants, Dermot Barry, told the court, "Artic Fish Sales, the agent used by The Paula, used a double book-keeping system to store stock landed.

"This was a period when we were reliant on human input, and there was no recorded black diaries.

"A system called HAILING was in place, and human input into the hailing meant errors could be made.

"My client was fully co-operative with Gardaí and he saved the state a great expense by entering an early guilty plea.

"Also a forensic accountant confirmed that the undeclared catch cost the Irish taxpayer nothing, and there was no loss of revenue to the state.

"The amount undeclared was relatively small, and I'd ask the judge to be as lenient  as possible.

Judge John Aylmer fined Tom Doyle €7,500 which will be paid by Doyle Fishing Company LTD.

In the case of Donal Murphy, skipper of the Sheanne, the court heard how he had declared four tonnes of Horse Mackerel - but the investigation found that there was 16.8 tonnes of undeclared Horse Mackerel on the vessel.

However, this only amounted to €940.00 and again solicitor Dermot Barry asked the judge to be lenient.

Barry said, "Mr Murphy no longer works for The Sheanne after difference arose between him and his crew, and he was dismissed by his employers.

"Mr Murphy has worked in this industry all his life, and I must stress that it's almost impossible to get a job once your dismissed given the age profile of Mr Murphy.

"He is basically unemployable, but he has tried hard to get work, and worked on tugboat in England, which is much less lucrative than skippering a Pelagic vessel.

"He fully co-operated with Gardaí, and his early guilty plea must be taken into account given the expense it saved the state.

"Again, there was no loss of revenue to the Irish state, and considering the fine will be incurred by Mr Murphy - and not his former employers - I'd again ask you to be lenient."

Judge John Aylmer said, "I take into account his current employment situation, and the fact he co-operated with Gardaí fully and entered an early guilty plea.

"I will impose a fine of €500, but I will give him six months to pay it."

In the case of Thomas Faherty, skipper of The Golden Rose, the court heard that he made  a landing declaration of 54 tonnes of herring on-board the vessel.

However, it emerged that a staggering 104 tonnes of herring had been undeclared.

Dermot Barry told the court, "Again my client was fully co-operative with Gardaí, and the fact he entered an early guilty plea must be taken into account as he spared the state a great expense.

"A forensic accountant also confirmed that there was no loss of revenue to the state.

"It's not unusual for the water content of the tanker to be in excess of forty-fifty tonne - so this could have contributed to the gross amount that was undeclared.

"He has no previous convictions, and is keen to put this episode behind him, he's a 60 year-old man and has a very young child."

Judge John Aylmer said, "This is the most serious offence I've dealt with today, but I take into account your full co-operation with Gardaí - and the early guilty plea spared the state expense.

"I note you have a young child and that you're desperate to put this matter behind you and move on with your fishing career - so I will impose a fine of €10,000. "

A man was cleared after a summons he was given for a fine was sent to the wrong address.

A man who was pulled over by Gardaí for performing a dangerous driving manoeuvre - has had his case quashed after his summons was sent to the wrong address.

Malcom Nash, of 66 Cluain Na Rí, Ballina, Co. Mayo appeared at Letterkenny District Court yesterday.

However, he never paid the fine - because he claimed the summons was sent to the wrong address.

On the 22nd of May, 2015, Garda Martin Gallagher observed Mr Nash driving dangerously and pulled him over.

Garda Gallagher told the court, "I observed a motor vehicle overtake a second vehicle in front of me going round a corner.

"The manoeuvre also took place on a continuous white line, and I then indicated for the vehicle to pull over.

"I asked for the driver of the vehicle for his license, but he didn't have it on him, I then asked for his name and address.

"He told me his name was Malcom Nash, and that he lived at 67 Cluain Na Rí, Ballina, Co. Mayo.

"However, there was no payment made on the fine issued.

The defendant was then asked to take the stand and give evidence.

Mr Nash told the court, "I don't think it's possible that I would've given the wrong address, as I lived at that residence for over ten years!

"I can't see how an error was made, I definitely told him I lived at 66 Cluain Na Rí.

"He was very, very fair with me on the day, and I wouldn't have given him the wrong address."

When asked did he receive the summons - he said he did not as he didn't have a very good relationship with his neighbours.

"Communication wouldn't be great, I don't want to be talking bad about my neighbours, but I wouldn't have must interaction with the, I'd know them to see that's all."

Judge Paul Kelly struck out the fine and dismissed the case.

A WOMAN who took a case for constructive dismissal against Donegal County Council has lost her case.

Ann Gallagher had worked for the council from the 15th of February 1999. She felt that she was constructively dismissed by way of forced retirement as of the 7th of June 2013.

The claimant was on sick leave from December 2007, said the Employment Appeals Tribunal in its judgement.

Due to her continued absence the claimant was asked by letter of the 1st of October 2012 to undertake a medical assessment. Following the results of the independent assessment the claimant wanted to seek her own Consultant’s opinion on the findings of the medical report and informed the respondent of this by letter dated the 12th of December 2012.

In a letter of the 21st of January 2013 the council acknowledged this request and was awaiting further correspondence in relation to same. In March 2013 the council received the consultant’s report which suggested the claimant “probably would be able to carry on in her work” and required further medical investigation.

The council informed Ms Gallagher by letter dated the 21st of January 2013, ‘as you are aware, the independent medical opinion received by the Council has indicated that you will not be able to return to work with the Council at any future date.’

The claimant was informed that according to policy they could no longer continue to pay her the pension rate of pay. A Management Order dated the 8th of February 2013 implemented this decision.

By letter of the 21st of January 2013 the council again put forward the option of the claimant’s retirement on medical grounds (initially put forward in December 2012), the pension and lump sum calculations were provided to her.

The claimant was declared “permanently unfit for work” by her GP in April 2013 and the GP also requested that the claimant be offered early retirement; this letter was unsolicited by the council and the claimant denies requesting her GP to write this letter to the council.

The claimant signed the application form for early retirement on the 20th of May 2013. She then decided it would be better for her to take a career break rather than early retirement; and that this option should have been offered to her by the respondent.

Ms Gallagher applied in writing for the career break on the 5th of June 2013. The claimant maintains that to avoid this situation a part-time position should have been found to accommodate her working less hours. The staff welfare officer was not helpful, in the claimant’s opinion, and witnessed her unfair treatment.

The respondent was aware only post retirement that the claimant was unhappy with the situation. The claimant’s early retirement application was accepted and processed and a Management Order affecting the retirement was signed on the 7th of June 2013. Further correspondence ensued between the parties.

In its determination the Tribunal panel said it had "carefully considered all of the evidence adduced at the hearing".

It went on: "The claimant was on long term sick-leave from 2007. By 2012 the respondent had no option but to invoke the sick leave policy and seek an independent medical assessment.

"Although the respondent endeavoured to get the claimant back to work, all of the medical evidence provided indicated she was unfit for work and finally that she needed further medical investigations. The Pension related pay was discretionary and had to be stopped as there was no indication that the claimant would ever be in a position to return to work.

"While the Tribunal has sympathy for the claimant’s situation, the claim under the Unfair Dismissals Acts, 1977 to 2007 is dismissed.

"The Tribunal note that the respondent agreed at the hearing to provide the claimant with an employment reference."

A man who spat on the back of a Garda's head following a domestic dispute has been fined €250. 

Lee Rowan, 23, with an address at 18 Beechwood Park, Lifford was arrested following a dispute he had with his then partner.

Gardaí were called to the scene of a domestic dispute at 10 Beechwood Grove, Lifford.

Gardaí Alan Harrington told Letterkenny District Court, "On the 8th of March of this year, I attended the scene of a domestic dispute involving the defendant Lee Rowan.

"His partner contacted Gardaí, and we attended the scene, we found an agitated Mr Rowan inside the house.

"He became very abusive towards us - and verbally abused us - we then attempted to arrest him but he forcibly resisted arrest.

"We eventually arrested him, but as we were travelling back to the Garda station, the defendant cleared his throat and spat on the back of my head.

Solicitor for the defendant Kieran Dillon, told the court that his client had been deeply affected by an accident his father suffered that left him paralysed - which occurred a short time before this incident.

Dillion told the court, "My client is deeply remorseful for what he has done, and has acknowledged that his actions were deplorable.

"His father was involved in a tragic accident that left him paralysed - and he was struggling to come to terms with that - and was grieving and in shock.

"He took solace through alcohol, and was highly inebriated on the evening in question.

"His father has since passed away since the incident, and is now the father figure in his household.

"He has made honest efforts since the incident to steer clear of alcohol - and will start work as a scaffolder in Northern Ireland when the project commences next month.

"I'd also like to stress that my client has had a hugely difficult upbringing, and also had no form of education between the ages of 13-15, although he did participate in the Youth Reach programme."

Judge Paul Kelly said, "It's very offensive what you have done, and it was a disgusting thing to do.

"I'm going to fine you €150 with four months to pay - and a further €100 for obstruction."

A man has been barred from his family home and been told to stay sober following a sitting of Letterkenny District Court.

Michael Kelly, with an address at of 42 Beechwood Grove, Lifford was arrested this morning on foot of a bench warrant that had been issued at an earlier sitting of the court.

Garda Denise Cassidy told the court, "I arrested Michael Kelly this morning at 9.40am - on foot of a bench warrant that was in existence for his arrest.

"Kelly, never resisted arrest and remained silent when I cautioned him and read him his rights.

Solicitor for the defendant Patsy Gallagher requested bail and that was granted on the grounds that his client stays away from his family home.

Gallagher told the court, "He has agreed to stay away from his family home, and has found alternative accommodation.

"He will stay at his father's house at No.2 Porthall, Lifford.

"He's had issues with alcohol abuse - and anytime he gets in trouble - alcohol is a contributing factor."

Judge Paul Kelly asked his solicitor, "Is he welcome there? "

To which Gallagher responded, "I've been obstructed that he is, and that it isn't a problem."

Judge Paul Kelly said, "If you change address again then inform Gardaí immediately.

"Stay away from the family home, and stay sober.

"I'll issue a bail bond of €150 and adjourn the matter until February 15th."

Michael Quigley at an earlier court appearance.

A DONEGAL Irish dancing teacher fraudulently transferred his family home and another property into his wife’s name so he wouldn't have to pay €400,000 to an abuse victim, the Court of Appeal has ruled.

The three-judge appeal court dismissed Michael Quigley’s appeal against a High Court finding that the transfer of the assets to his wife Alice should be set aside as fraudulent under the Conveyancing Act (Ireland) 1634. It also awarded costs against him.

Quigley have until February to decide whether to take the case to the Supreme Court.

In 2011, the High Court awarded €400,000 to Dana Doherty (44), a national school teacher, against 70-year-old Quigley of Barnhill Park, Letterkenny after finding he abused her when she was one of his dancing pupils aged between 12 and 19.

Juries in two criminal trials had failed to reach verdicts so Ms Doherty then took a High Court civil action and was awarded €400,000. Mr Quigley lost a Supreme Court appeal against that award.

In an effort to get payment, Ms Doherty brought separate proceedings against Mr Quigley and his wife alleging the 2000 transfer of his home in Letterkenny and the 1998 transfer of a property at Meenagown, Donegal, were intended to defeat Ms Doherty’s claim for the €400,000.

In denying those claims, the Quigleys argued the family home was transferred to get a loan for a home extension, while the second property transfer was to get future planning permission on the land.

Giving the appeal court’s judgment, Mr Justice Michael Peart noted the High Court found Mr Quigley was aware by 1991 Ms Doherty was alleging she was sexually abused by him. He was also aware she had in August 1993 made her first complaint to gardaí after which Mr Quigley was immediately interviewed.

Although Ms Doherty intended her complaints should lead to Mr Quigley being charged and convicted of criminal offences, the alleged activities were also tortious acts capable of giving rise to a claim in damages, the judge said.

These tortious acts, and the complaints made about them, and the interview of Mr Quigley, existed as facts at the dates of the two property transfers, he said. That meant the necessary inference could be drawn from those so as to meet the legal tests for establishing they were done to defeat the claim of a future creditor.

The High Court’s conclusion Ms Doherty was undoubtedly a “creditor” within the meaning of the 1634 Act was amply supported by legal authority and correct on the facts as found by the High Court, he said.

The High Court correctly found the property transfers were made for no consideration and correctly inferred Mr Quigley’s intention was that the property transferred in 1998 and 2000 should be placed beyond recourse to Ms Doherty as a future creditor, should she win her damages claim in the future.

It was “noteworthy” Mr Quigley gave no evidence concerning the transfers and the High Court rejected his wife’s evidence in that regard, the judge added.

A boy racer who pleaded guilty to 'diffing' during the Donegal International Rally last summer has avoided losing his drivers license.

Andrew Duffy, 21, with an address of Kings Court, Co. Cavan pleaded guilty to dangerous driving at a sitting of Letterkenny District Court.

On June 20th of this year - Gardaí observed a Toyota Corolla leaving a petrol station 'sideways' in Milford.

The court were told that Gardaí noticed that the vehicle was being driven with one hand on the steering wheel and the other hand seemed to be placed on the handbrake.

Gardaí proceeded to pull the vehicle over and they established that the car was being driven by Andrew Duffy.

He was fully co-operative with Gardaí and admitted he had been 'acting the maggot' on a public road.

Solicitor for the defendant Patsy Gallagher said his client was remorseful for what he had done and deeply regretted the incident.

Gallagher told the court, "My client deeply regrets his actions and the incident has been a big wake-up call for him.

"He's embarrassed  by it and fully acknowledges it was wrong, he was showing off to friends.

"He's a mechanic - who is in the final year of his apprenticeship and his license is essential to him. "

Judge Paul Kelly said, "I won't disqualify you this time, but be under no illusions Mr Duffy that if you're before me again on a driving charge you will be disqualified."