A man who slammed his door on his neighbour's hand breaking her finger because she complained of loud music has been ordered to keep the peace for two years.

Adrian McLaughlin appeared at Letterkenny District Court charged with the assault of next-door-neighbour Angela Hegarty.

McLaughlin, 46, was playing loud music at 11.45pm when Ms Hegarty called to his home at 11 Larkin Court, Letterkenny on October 8th, 2014.

She asked him to keep the music down but she said he verbally abused her calling her a 'whore' and a 'bastard' and told her to stop her dogs from barking.

Mr McLaughlin claimed that Ms Hegarty, of 12 Larkin Court, then tried to brush past him to speak to his partner Margaret.

However she claims that he grabbed her hand, twisted it and then closed the door on her catching her finger.

Mr McLaughlin said Ms Hegarty demanded to see his partner but he refused saying she was asleep.

"She began pushing on the door and I grabbed it with both hands and slammed it shut. That's the last I knew of it. I called the Gardai and the next thing I knew the Gardai had called saying they had an accusation that I broke her finger," he said.

"I never laid a hand on her. She pushed the door. She was angry and abusive. I did not call her a whore or a bastard. I did not break her finger," he said.

He added that he was 'merry' and not 'paralytic' drunk and had been drinking vodka.

Judge Paul Kelly said he was satisfied that there was an assault by Mr McLaughlin on the night.

He ordered the accused to keep the peace for two years and enter a bond of €250 and to stay away from Ms Hegarty.

Ballybofey and Stranorlar Golf Club member Enda McMenamin leaving Letterkenny Court. (North West Newspix)

A head green-keeper at a golf club has been accused of assaulting another member of the club after being told he could not cut the grass because it was too frosty.

Leo McGlinchey, 52, is accused of assaulting Enda McMenamin, a voluntary green convener at Ballybofey and Stranorlar Golf Club.

CCTV footage of the assault showed Mr McGlinchey chasing Mr McMenamin around the car park of the golf club before striking him with at least two punches.

The incident happened on February 27th, 2013.

Mr McMenamin told Letterkenny District Court he had asked for the greens not to be cut as it was too frosty on the morning in question and suggested Mr McGlinchey and another man trim trees instead.

When he returned 15 minutes later, he found Mr McGlinchey was on a lawnmower.

Mr McMenamin told Mr McGlinchey that he was in charge of the course but the accused replied that as head greenskeeper he was in charge.

Mr McMenamin said he was a former psychiatric nurse and knew from the colour of Mr McGlinchey's face and his demeanour that he was getting very angry.

He claimed that Mr McGlinchey eventually chased after Mr McMenamin.

"I saw by the look on his face that he was going to attack me and I ran towards clubhouse. He pursued me and I shouted "I'm going, I'm going" but he kept following me. At the fifth green I ran through a bunker and I hurt my right thigh. I struggled on to car park  about 30 metres on and my right leg was hurting me.

"I said to myself "he'll stop now" but he continued to chase me around the car. I bent over to wait for a blow. He reached for me above shoulder and gave me a bit of a shaking and pushed me out towards Main Road and told me to clear and not to come back," said Mr McMenamin.

In his statement Mr McGlinchey said he had been employed as a greenskeeper at the club for 22 years and had had no problems until Mr McMenamin came along.

On the morning in question he said Mr McMenamin came along and shouted at him five times about his work but that he had ignored him.

"He has been on my case the whole time, spitting at me, eyeballing me and constantly on my case," said Mr McGlinchey.

Mr McGlinchey, of Breathy, Castlefin, claimed that there had been no frost that morning so there had been no reason not to be working on the greens.

"I saw Enda coming and was pure white with rage and his eyes were straight out of his head. I could hear him roaring at me even above the machinery. It was personal abuse. I just did not take him on," he said.

Mr McGlinchey said that he eventually got out of his machine as Mr McMenamin tried to reach into it.

As he got out, he claimed Mr McMenamin ran off and he ran after him.

He claimed he did not attack him but that Mr McMenamin bent down in the car park and that he had tried to lift him up

"When he stood up I told him to settle down and go home. I had simply wanted to know why he was over to me six times.

"He bent down and put his hands on his head. I think he only did that when he saw two women in the car park. He's shrewd like that," he said.

Judge Paul Kelly was then shown CCTV footage of the incident.

Solicitor for Mr McGlinchey, Patsy Gallagher said his client was off on sick leave from his position at the club as he had been the victim of bullying and harassment.

However, Judge Kelly said he was not dealing with such a charge and the charge was one of assault against his client.

He added "It seems to be extremely clear. What I have seen on the video evidence is your client chasing this man around cars and into a hedge and grabbing him by the dollar and delivering at least two punches," he said.

He added that the CCTV footage was 'crystal clear.'

Judge Kelly then said he would give Mr Gallagher a chance to consult with his client on the matter and allow him to view the CCTV footage again.

Mr Gallagher returned and said his client was a man he was never before the court in his life, had never been in trouble before this incident and had not been in trouble since.

He said his client was supported in court by several members of the golf club

He said he would like the opportunity to take an adult caution and Garda Inspector Goretti Sheridan said this had previously been offered to Mr McGlinchey but he had turned it down.

Judge Kelly adjourned the case until February 22nd for mention telling Mr Gallagher and Inspector Sheridan to discuss the matter.

He added that if it was not death with or an agreement reached, he would deal with the charge by way of a plea.

The eight men killed in the crash.

The inquest into the deaths of eight people killed in the Inishowen crash tragedy is to take place on February, 24th in Buncrana.

The inquests will be heard by local coroner Dr Peter Madden.

A total of eight people, including seven friends, perished in the crash between Clonmany and Buncrana following a two care crash on July 11th, 2010.

Those killed in the two car crash were Hugh Friel (66), Urris, Clonmany; Eamon McDaid (22), Ballymagan, Buncrana; Mark McLaughlin (21), Ballinahone, Fahan; Paul Doherty (19), Ardagh, Ballyliffin; Ciarán Sweeney (19), Ballyliffin; PJ McLaughlin (21), Rockstown, Burnfoot; James McEleney (23), Meenaduff, Clonmany, and Damien McLaughlin (21), Umricam, Buncrana.

Letterkenny District Court

A man has pleaded guilty to the serious assault of a pensioner in his 70s at a house in Inishowen.

Lee Mitchell appeared at Letterkenny Circuit Court charged with assault causing serious harm on Patrick McLaughlin at Ard Bhride, Convent Road, Carndonagh on May 30th, 2014.

Mitchell, 34, of Windmill View, Letterkenny, only spoke to confirm his guilty plea.

The court was told that Mitchell is currently in custody in Castlerea Prison.

Barrister Peter Nolan asked for a psychiatrist's report for his client and also for a report on drug tests undertaken on Mitchell.

Judge John O'Hagan aslo invited the victim, Mr McLaughlin, to come to court to give a victim impact statement in the case.

The case was adjourned until April.

A young man who was sent for milk and bread by his mother ended up in a high-speed chase with Gardai.

Odhran Doherty reached speeds of more than 140kph as he tried to outdrive Gardai on backroads in his mother's Renault Clio.

Doherty, aged 20, a third year mechanical engineering student, appeared at Letterkenny District Court.

The accused, from Leck, Oldtown, Letterkenny was spotted by Gardai pulling out of a side-road with no lights on.

He was chased through Drumahoe and although Gardai reached a speed of 140kph they could not keep up with the car.

He was eventually apprehended by another patrol car at Oldtown.

He initially refused to hand over the keys of the car but when a tow truck arrived, he complied with Gardai.

The court heard that the condition of Doherty's car was in a very poor state with faulty lights, handbrake and general bad body condition.

Solicitor Patsy Gallagher said the car had passed the NCT test and was covered.

He said his client was very apologetic and had no previous convictions and would like to avail of the opportunity to the Pro Social Drivers Course.

He added that he would be asking the court to consider reducing the charge of dangerous driving to one of careless driving.

Judge Paul Kelly said he was unsure if "that type of driving" would allow him to reduce the charge.

He ordered Doherty to pay €250 towards the cost of the course and adjourned the case until April 25th next.

A 22-year-old man has pleaded guilty at Letterkenny Circuit Court to assault causing harm to another man at a local hotel.

Francis McGinley, from Crievesmith, Letterkenny, faced one charge.

He was accused of assaulting Patrick McFadden at the Mt Errigal Hotel in Letterkenny on June 23, 2014.

Judge John O'Hagan agreed to adjourn sentencing in the case until April pending probation reports.

McGinley was remanded on continuing bail.

Shaun Graham and Matthew Crawford who were both killed in the crash.

A 25-year-old man has pleaded guilty today to causing the deaths by dangerous driving of two popular friends.

Noel Carr, of Glenkeeragh, Newmills, appeared before Letterkenny Circuit Court this morning.

Mr Carr appeared in court in relation to a road accident which claimed the lives of two young men in Rathmullan on August 3, 2013.

Shaun Graham, 19, and Matthew Crawford, 21, from Letterkenny were both killed when the car in which they were passengers crashed on the Rathmullan to Portsalon Road while returning home from a local festival.

Mr Carr spoke just once during the brief hearing today to plead 'guilty' to a single charge of causing the deaths of the two young men.

Members of the Graham and Crawford family were in court.

A defence barrister asked for sentencing in the case to be adjourned until April to allow a report from the probation service and to prepare a plea of mitigation.

Judge John O'Hagan, addressing the bereaved families, said he was sure the families were "relieved that someone has put their hands up".

He said he recognised it was a distressing time for the families and advised them that gardai would assist relatives in preparing victim impact statements for the April hearing.

Richard Blackburn who was found guilty of sexual offences at Letterkenny Circuit court. (North West Newspix)

A serial sex predator who attacked a girl when she was just 13 years -old in the back of a specially-adapted youth club van can be named today, thanks to the brave victim.

Rachel McAuley wrote to prosecutors in Donegal to ask that evangelical Christian Richard Blackburn be named and shamed.

And she waived her right to anonymity so she could do that.

Sick Blackburn groomed his victim at a the Congregational Church Youth Club in Raphoe between 2000 and 2002. Rachel was 13 when the abuse began and was just short of her 15th birthday when the abuse ended.

She plucked up the courage to go to gardai in 2011 to reveal the shocking tale of abuse.

Letterkenny Circuit Court heard how Blackburn bought his victim presents including a mobile phone so he could keep in touch with her.

Blackburn, 57, of Carnone, Raphoe, pleaded guilty to three counts of sexual assault but Ms McAuley said in her victim impact statement read to the court that he had abused her 'daily' between 2000 and 2002.

Detective Garda Ciaran Brolly said Ms McAuley was unable to return from abroad to attend the court but wanted the court to know that she had waived her right to anonymity so Blackburn could be identified.

He read her statement to Judge John O'Hagan in which she described how the incidents had destroyed her life, making her constantly nervous and unable to sleep at night.

Blackburn would abuse her on trips back from Raphoe Youth Club to her granny's house in Convoy.

One one occasion he had driven the van, with a sofa-bed in the back and curtains to stop anyone seeing in, to a secluded spot known as The Spire in Convoy. He had then sexually assaulted the girl.

"I didn't have my life," said Ms McAuley.

"I had my innocence taken away, my teenager years didn't exist at all. People can look back at their teenage years with happy memories but I cannot do that because it was dark, scary and life-altering."

She said her parents were Blackburn's best friends. Her mother had even been bridesmaid at her mother's wedding and her grandmother treated Blackburn like another son.

She said she rarely slept at night and suffered anxiety.

She felt unable to return to Ireland over the past couple of years to spend time with her elderly grandmother for fear of running into Blackburn who had spent years blaming her for the assaults.

Her granny, she said, had since died and she had missed special moments in the last years of her life.

Ms McAuley said she had been to counselling but had found the latest treatment too traumatic to complete.

The court heard Blackburn had helped to run the Congregational Church Youth Club for 12 to 18-year-olds.

During one attack on Ms McAuley a garda patrol had stopped to check on the van which was parked on the Barnesmore Gap in Co Donegal.

Blackburn had jumped back into the front of the vehicle and told gardai he had stopped for a sleep. Gardai had left the scene not realising Ms McAuley, then 14, was in the back.

Judge John O'Hagan said that while reports said Blackburn was at a low risk of re-offending, the breach of trust in the case was extremely serious.

He said the pervert had known Ms McAuley's age very well because he had known her from she was a baby.

The attacks had left "deep scars" on the victim, said the judge, and it was clear the incidents were still having an affect on her life.

He jailed Blackburn for two years, suspending the last year for a period of 12 months, on each of the three counts and placed Blackburn on the sex offenders register for 10 years.

Mark O'Donnell enjoys a cigarette break during a break in proceedings. Copyright NorthwestNewsPix

A MAN accused of assault causing harm during an alleged incident more than six years ago has been found not guilty by the direction of a judge after the alleged victim refused to testify.

Mark O’Donnell, who is 38 and from Gaddyduff, Clonmany, appeared at Letterkenny Circuit Court after pleading not guilty to attacking a man in Carndonagh on November 15, 2009.

A jury was sworn in for the trial which was expected to last a day.

But instead the case was dramatically stopped - and started - and stopped again after the alleged victim told the jury he didn’t want the case to go ahead.

Conor O’Neill, from Clonmany, Co Donegal, had just sat down to give evidence from the stand when he told the jury: "I don’t want this case to go ahead. I have no problem with this man anymore. I told them (the prosecution) this outside, that I want it ended."

Mr O’Donnell was alleged to have hit Mr O'Neill so hard he had left marks on his back which were later photographed.

The jury was sent out whilst legal arguments began and returned to hear DPP barrister Patricia McLaughlin, prosecuting, proceed to ask Mr O’Neill about the alleged assault.

On 12 occasions Mr O'Neill told the court that he couldn't remember the incident.

Damian Crawford, barrister for Mr O’Donnell instructed by solicitor Frank Dorrian, applied for the case to be dismissed, whilst Ms McMcLaughlin applied for the case to continue.

Judge John O’Hagan said he was “suspicious” about the motives for Mr O’Neill not remembering the incident.

“It is incumbent on anyone making allegations to the gardai that they follow it through unless of course they are making untruthful allegations,” said the judge.

“A citizen who goes to the gardai is not picking from an a la carte menu. People who make complaints to the gardai must follow them up.

However, he said, due to inconsistencies in statements he said it was “in the interests of justice” to withdraw the case against Mr O’Donnell.

He directed the jury to find Mr O’Donnell not guilty of the charge and dismissed the case.

Colin O'Neill left court with relatives after the case. NorthWestNewsPix

Letterkenny District Court

WARNING - REPORT CONTAINS GRAPHIC CONTENT: Two Co Donegal sisters claim they were forced to take part in a 'sweet game' during which they were sexually assaulted by a neighbour on a weekly basis for more than two years.

The women claim they were indecently assaulted by the man in his kitchen and in his vehicle during the 1980s.

The accused, a man now in his 50s, faces a total of 53 charges of indecent assault which he denies when he appeared at Letterkenny Circuit Court yesterday.

The man, who cannot be named for legal reasons, allegedly indecently assaulted the two girls when one was aged between 5 and 7 years and the other between 7 and 9 years.

The accused was a neighbour of the alleged victims at the time and was friendly with the two alleged victims and their family.

The first woman revealed how the alleged attacker would assault her in his kitchen while her sister waited outside in the hall.

The woman fought back tears as she revealed how she has turned to drink and also tried to take her own life as a result of the alleged attacks.

"He  would ask us to look for sets in his pocket. There would be a whole (in his trouser pocket). He would say 'move about more and more and squeeze and look for it'. It was his penis. There was never sweets.

"That happened every two to three days. It was on a regular basis. He would then go to the press and get the sweets. They were never in his pockets."

The woman also alleges how the man would allegedly prey upon her in a vehicle and would sexually interfere with her by inserting his finger into her vagina and her back passage.

The woman then informed her mother of the alleged incidents and she spoke with the alleged attacker.

The man and his family moved from the area a number of months later.

The alleged victim said she did not inform the Gardai for a number of years as she was friendly with some of the man's daughters.

She initially went to Gardai in 2008 but said she did not have the courage to go ahead with the complaint but reactivated her statement in 2010.

The other alleged victim is due to give evidence when the trial resumes next Tuesday, February 2nd.

Eunan McBrearty being led away to prison last night. Pic by Northwest Newspix.

Friends of a drunk driver pleaded with him not to drive a car he had bought for €175 minutes before he crashed it killing one of his friends.

Eunan McBrearty was jailed for three and half years and banned from driving for 20 years yesterday after pleading guilty to dangerous driving causing the death of Bobby Rodgers.

McBrearty, now 27, was already disqualified from driving when he crashed the 1995 Opel Astra at Murlog, Lifford in May, 2012.

Some of the first people on the scene were relatives of the dead man.

McBrearty, who admitted drinking beer and vodka before he crashed, appeared at Letterkenny Circuit Court yesterday for sentence after pleading guilty to the charge at a previous court sitting.

Sgt Maurice Doyle outlined the chain of events which led to the death of Mr Rodgers.

He revealed how McBrearty and the two other passengers in the car, the late Mr Rodgers and another man, Paul Carolyn, were also thrown from the vehicle when it crashed around lunchtime on May 6th.

Just minutes beforehand, members of Mr Carolyn's family had pleaded with the men not to get into the car after they had been drinking and had even tried to take the car keys from them.

When the car would not start, the three then pushed the vehicle before it 'push-started.'

Minutes later there were scenes of carnage when the car flipped over after failing to take a bend at Murlog on the N14 road between Lifford and Letterkenny.

Mr Rodgers died instantly at the scene while the two other men received serious injuries.

McBrearty didn't remember anything about the crash when he woke up in hospital.

Sgt Doyle said a forensic examination  of the scene said the estimated maximum speed for safely negotiating the bend on which the car crashed was 125kph which suggested the car had been traveling at a greater speed.

A victim impact statement was read out on behalf of the man killed in the incident.

It described the late Bobby Rodgers as the main character in his house as he was always laughing and joking.

He was the third youngest in a family of nine children and his sudden death left his parents and brothers and sisters simply devastated.

The statement also condemned McBrearty, of Woodthorpe, Newtowncunningham, saying that he now lived close to their family home, was back driving and had shown little remorse for his actions.

Passing sentence, a clearly annoyed and exasperated Judge John O'Hagan asked "What is it about Donegal and young people that they want to go out and destroy each other?"

He said he had been assigned to the Northern Circuit of the Circuit Court Service for the past eight years and there has not been one time when he did not hear a case of dangerous driving causing death or something similar.

Mr Rodgers died in the crash

He specifically referred to the case of Shaun Kelly in which eight people had lost their lives in Inishowen in 2010.

"I've tried to send out message to stop this carnage on the roads. I might as well be talking to that wall. What do I have to do to send this message down to these young people to tell them to stop?" he asked.

He then sentenced McBrearty to four years in prison and suspended the final six months while also disqualifying him from driving for 20 years.

Sidney Gibson

Two men behind a lucrative drug-smuggling business from Holland into Co Donegal have been jailed.

Sidney Gibson,47, and Andrew Neeson, 34, were caught by Gardai after an elaborate sting operation during which they were caught with €400,000 worth of cannabis.

The drugs had been intercepted by Customs officers at Dublin Airport and had been scheduled to be taken by courier to Donegal.

Customs alerted Gardai and a 'controlled delivery' was set up to catch those receiving the drugs.

A total of four boxes of drugs, each containing 5kgs of cannabis herb worth €100,000, were delivered to two men, a Mr McNally and a Mr White.

The boxes were due to be collected at the Topaz Service Station in Castlefinn on February 11th, 2014.

Neeson, a separated father-of-two of Donnyloop, Castlefinn, arrived at the garage and did a few circles of the garage but eventually collected two of the boxes before being arrested by undercover Gardai.

Two of the boxes were due to be delivered the following day to an address of a courier company.

Gardai searched the home of Neeson and found two other similar empty boxes in which the drugs had been contained in a recycling bin.

Following an investigation, Garda Derek Connaughton said they suspected local truck driver Sidney Gibson, a married father-of-four, was involved in the incident.

He was arrested and he admitted his part in the scam and said he was merely a middle man and was paying off a drug debt.

Garda Connaughton said Gibson had admitted his part straight away and said Neeson did not know what were in the boxes but had merely left his garage door open for Gibson to collect.

Garda Connaughton said they believed that at least ten boxes allegedly containing drugs had previously been left at Neeson's house.

Addressing Letterkenny Circuit Court, Judge John O'Hagan said that drugs are a scourge and while the 'godfathers' of the drugs are seldom caught, the 'soldiers' are often caught.

Referring to the street value of the drugs, he added "That's an awful lot of money and it indicates an awful lot of harm out there."

He said that while Gibson may have claimed he was a middle man, he knew exactly what he was doing and asked what he would think of people who tried to sell drugs to his own children.

In relation to Neeson, he said he may have been "sucked in" by Gibson but he did so in the knowledge that he was doing something wrong.

Judge O'Hagan sentenced Gibson, of 319 The Curragh, Killygordon to four years in prison but suspended the last six months and Neeson, of Skelpy Lower, Castlefinn to three years in prison with the last 18 months suspended.

AN architect company has been ordered to pay more than €250,000 in damages to a Churchill family whose homes been left with a permanent tilt because of defective foundations.

The High Court in Dublin ruled in favour of Kevin and Grit McGee against Michael Friel, trading as Michae Friel Architectural Design and Surveying.

The couple, who have three children, have already won a case against builder Mark Alcorn, though the court was told he was no longer in Ireland.

The McGees claimed the house was built on defective foundations laid on unsuitable ground.

They said severe cracks started to appear in the floors and extensive repair works had to be carried out. An inspection by an engineer revealed the cause of the damage was due to the foundation.

While the house has been repaired and is now structurally safe, it has been left with a permanent tilt, they said.

The couple had sued Mr Friel for economic loss in respect of works done to date and works to be carried out in the future.

They sought costs, including for alternative accommodation for them while the work is being done. They also sought damages for emotional suffering and distress.

The defendant admitted negligence but denied liability for any loss suffered by the plaintiffs on grounds that damages for economic loss cannot be recovered in a negligence action.

The McGees’ action was in relation to certificates issued stating Mr Friel had inspected the construction and foundations of the house and that they were satisfactory and suitable.

It was claimed the foundations were in fact unusually defective and laid in unsuitable ground.

In her judgment, Ms Justice Iseult O’Malley dismissed the company’s claim regarding damages and said the couple were entitled to damages.

These headings included costs of works done to stop the house from moving and costs of refurbishing the property and its garden, she said.

The family also had to put up with very intrusive noisy and messy repair works at their home, she added.

The couple said today they were awarded a total of €278,525, not €328,000 as reported earlier by the court reporter.

A GIRL who suffered headaches and nightmares after a car crash has been awarded almost €13,000 in compensation.

Letterkenny District Court heard how the girl, who was 11 at the time, was involved in a road traffic accident in Co Donegal on April 5, 2014.

Barrister Leona McCauley told Judge Paul Kelly that the girl – now 13 – struck her head in the crash and suffered headaches, dizziness and vomiting.

The lawyer said the girl was discharged from Letterkenny General Hospital the same day but was re-admitted three days later suffering from the same symptoms as well as neck and spine pains.

A GP later found the girl suffered from intermittent headaches which were relieved by paracetamol.

She was no longer suffering nightmares and the girl had “more or less forgotten about the accident”.

The case was before the court for approval by the judge.

Judge Kelly said he was recommending “the exceptionally favourable settlement” and ordered a total pay-out of €12,977 including medical expenses, with €12,000 of that for the injuries suffered.

A MOTHER of two shouted abuse at gardai after a night drinking vodka.

Letterkenny District Court heard Aisling Driver, who is 34 and from Croaghan Heights in Lifford, was in Main Street in Carrigans in the early hours of February 20 last year when the incident happened.

Inspector Michael Harrison said a garda patrol car was passing through the village when a female shouted obscenities at gardai.

Gardai stopped and asked the woman to move on, but she remained abusive and then refused to give her details to gardai.

Defence solicitor Patsy Gallagher said his client was “deeply remorseful and embarrassed” by the incident after she was charged with using threatening and abusive behaviour towards gardai and being drunk in a public place.

He said Ms Driver had been at a party where she had organised the food. She had a glass or two of wine but ended up drinking vodka.

He said his client had never been in trouble before.

Judge Paul Kelly said he wouldn’t record a conviction if Ms Driver made a charitable donation of €150 to Pieta House.

THIEVES trying a new scam at a well-known Letterkenny store have been thwarted – by CCTV.

Penneys in the shopping centre in the town has dealt with a number of people who have lift items inside the store and then take them to the exchange counter claiming they are returns.

Trained staff now trace the movements of everyone seeking to exchange goods – to make sure they arrived in the store with the items beforehand.

Details of one case were revealed at Letterkenny District Court this week.

A 51-year-old divorced mother of two from Derry had travelled to the town and attempted the scam.

She entered the Penneys Store on January 9 and proceeded to collect five items of clothing.

But instead of paying for them at the check-out, she exchanged them and left the store.

Judge Paul Kelly was told the goods were valued at €51.

Gardai later apprehended the woman as she went into the Tesco store nearby after being called by store detectives. The items were never recovered.

Judge Kelly ordered the woman to pay an immediate fine of €190 and pay €51 compensation to Penneys.

A mother has been told she will go to jail if she does not ensure her teenage daughter attends school.

The woman appeared at Letetrkenny District Court and was sentenced to 14 days in prison but had the jail term suspended for 12 months.

She was one of a number of parents who appeared before the court.

The woman’s teenage daughter had only attended school on 24 of 52 school days since November 3rd last.

Another sibling missed six out of 51, another missed 8 of 51 and a fourth missed four of 51.

A solicitor for the woman said there is an issue about her daughter going to school and staying at school.

But Judge Paul Kelly said the solicitor was being “fed nonsense” by his client who is “not taking this seriously at all”.

An education and welfare officer for the Child and Family Agency told the court that the family has been given “every opportunity”.

“There is no reason for them not to be at school,” she said.

“This is a child who is being robbed of her future by her parent’s refusal to send her to school. This impacts seriously on the future of the child,” the judge said.

The judge warned her that the sentence will be activated if the child misses school without written evidence of a reasonable excuse.

In another case before the same judge he fined a mother €400 after she had previously pleaded guilty to a charge relating to two children.

An education and welfare officer said one child had missed ten days out of 51 and six of those were unexplained.

The welfare officer said there is concern about the child in question who has “huge academic potential which is not being reached because of absenteeism”.

The child is due to transfer to post primary in September but has not been registered with any school yet.

The mother’s solicitor said she is well aware that the children have to attend school and will do her best to ensure that they do.

The Judge said the imposition of a jail sentence was “a nuclear option” which he was reluctant to exercise on the first occasion.

“If she comes back to be me on a subsequent summons I will take a different view,” he said.

In another case the court heard another student had missed ten days out of 51.

The judge adjourned the case to March 1st and warned the parents that they could decide which one of them is going to jail “if they don’t get their house in order and take this seriously”.

Another case involving a girl was adjourned to June after the court heard there has been an improvement in attendance levels.

John Moran who was found not guilty of al charges. (North West Newspix)

A man charged who was charged with threatening to kill a Garda and unlawful possession of a gun during a disturbance outside an Inishowen pub has been cleared of all charges after a three-day trial.

John Moran, 57, of Serpentine Road, Belfast went on trial at Letterkenny Circuit Court charged with making threats to kill, possession of a .22 revolver, possession of ammunition and threatening and abusive behaviour during a fight outside the Orchard Bar, Gleneely in the early hours of April 5th, 2010.

The accused had denied all charges and a jury took less than an hour of deliberation to find him not guilty.

Mr. Moran, a car trader, had argued that he had acted out of necessity to protect his children who had been attacked by a group of three men. His son suffered a fractured cheekbone when he and a friend were kicked and punched and one of his daughters suffered broken fingers.

A number of local men had been previously convicted for their part in the incident.

The prosecution had argued that he had acted unlawfully and with a degree of premeditation in bringing the gun to the scene and that gardaí who attended the scene felt threatened.

Mr Moran had admitted producing the pistol from his pocket and shouting ‘I’ll shoot you’ after he had been called by his daughters who were hysterical and screaming.

He told gardaí that when he arrived at the scene he was struck on the head with an object by a man and was left with blood streaming down his face. It was then that he produced the pistol and pointed it at the man.

A retired garda told a court how he thought he was going to be ‘mortally injured’ when the gun was pointed at him.

Former Garda John McGrath and two colleagues arrived at the scene they found four to five groups of people fighting with each other.

As Garda McGrath and his colleagues tried to break up the fighting, a man came towards him and shouted “I’ll shoot you, I’ll shoot you.”
Ballistic examination revealed the gun was not capable of discharging a bullet.

However, the gun was considered a firearm as described in the Firearms Act, 1985 as amended in 2006.

Mr Moran had left a group including three of his children in the bar. His children told the court they were attacked as they left.

CCTV footage from outside the bar showed a melee taking place involving a group of people who spilled out of the bar. Family friend of the Morans, Bradley Beattie, was 16 at the time. He told gardaí he said he was assaulted by three people outside the bar. He was lying on the ground being kicked and stamped on. “I thought I was going to die as they kept kicking me when I was pushed to ground.” Bar Owner Dermot McLaughlin said one of the men involved in the assault had been barred previously after he had an altercation with the Morans but he had lifted the bar about four months earlier.

He said there was scuffling outside the bar and he did his best to separate the groups.
He let the Morans back into the bar and phoned a taxi for them and they then left in the taxi.

The accused’s son, Jonathon Moran, said his sister Andrea was knocked to the ground and as he tried to help her he was hit and forced to the ground. He was stamped on and kicked and received a fractured cheekbone which required surgery.

His father arrived after they got onto the taxi and got him and others from the group out of the taxi and into his jeep.

He then saw one of the men who had attacked them reach over and hit his father on the head.

“He screamed at me with blood coming down his face and he told us to get in Tourag jeep,” he said.

Stacey Donnelly, a daughter of the accused, said she got knocked down when she went to help Mr. Beattie and was trailed across the ground.

Her trousers were ripped, she suffered broken fingers and was left with over two dozen bruises.

Andrea Moran said she was hysterical when the phone call was made to her father. “I shouted to Dad please come and save us. They are beating us, they are killing us.”

In a statement to gardaí Mr. Moran said he got the phone call to go to the pub and Stacy said they “were getting murdered”.

He had been on his way to the pub and went back to his holiday home and got the starting pistol which he had got in 1995 after a burglary at his home. When he arrived at the pub he said he saw his son or Mr Beattie being kicked on the ground and he parked the middle of the road. He saw four or five men come running towards him and he was struck on the forehead by one of the men, which left him bleeding. He pulled the pistol out, pointed it at him and told him to ‘fuck off’.

He said he threw the gun away and said to a female garda that he had a licence for it.

Garnet Orange (SC) for the defence, instructed by solicitor Frank Dorrian, said that Mr Moran had acted in a way that he thought was “right, reasonable, proportionate and necessary at the time to protect his children and get them out of there”.

Prosecution Counsel Patricia McLaughlin (BL), instructed by State Solicitor Ciaran Liddy, told the jury Mr Moran had brought the gun and produced it in a threatening way. “In no circumstances could that be considered lawful,” she said

The jury returned the unanimous verdict to Judge John O’Hagan of not guilty on all counts.

A man stalked his ex-girlfriend and left her traumatised after he and his brother followed her by car and trapped her in her own vehicle.

Peter and William Gallagher of Drumcairn, Manorcunningham were both sentenced to 200 hours of community service at Letterkenny Circuit Court after they admitted charges of harassment and criminal damage.

Peter Gallagher (25) admitted harassment of Amy Heron between May 9th, 2013 and August, 4th 2013 while his brother William (31) admitted criminal damage to her car on August 8th, 2013 at Doorable, Manorcunningham.

Sergeant Maurice Doyle told Letterkenny Circuit Court that on August 4th the two men were in a car which passed Ms Heron driving in the opposite direction. They turned around and followed her and attempted to get her to pull over.

At one point the men drove alongside and one of them leant out of the car window and attempted to open a door of her car.

She turned down a road and pulled into a driveway seeking assistance. The house was vacant and the Gallaghers pulled across the driveway and prevented her from leaving.

Peter approached the car and told her he wanted to speak to her but she locked the doors and refused to get out.

She made a phonecall to Letterkenny Garda Station that lasted 18 minutes. Sgt Doyle said she was distraught, anxious and emotional during the phonecall.

William Gallagher then approached the car and attempted to open the driver’s door with a screwdriver.

Peter stood in front of the car preventing her from driving off and also placed himself on the bonnet.

William told her nothing was going to happen to her and that Peter just wanted to talk to her.

When Peter tried to open the passenger door Ms Heron was able to drive off. Gardaí arrived and both men were arrested.

Other incidents relating to the harassment of Ms Herron involving Peter Gallagher were outlined to the court.

On June 27th he followed her by car and she pulled into the side of the road. He did a U-turn and drove past but drove on when he saw she was with friends.

On June 18th he was seen driving up and down the road outside her home. Her mother told him Amy did not want to speak to him and he left when Amy’s brother arrived.

In a victim impact statement Ms Herron said the incident had left her feeling withdrawn, isolated and unsafe. She had to leave her college course due to feelings of anxiety and helplessness. She said she she had improved recently, had returned to college and was better able to deal with the impact.

Peter Gallagher had one previous conviction for a minor road traffic offence. William Gallagher had seven previous convictions mostly for theft and burglary for which he received prison sentences.
Peter Gallagher told the court he was sorry and apologised to Ms Herron for what had happened.

The court heard he is in a new relationship and has a three-month old son.
Judge John O’Hagan said that while the Gallaghers may not have intended any physical harm to Ms Herron, “they frightened the life out of her”. He said Peter Gallagher knew what he did was wrong.

“People have to grow up. If someone says that is the end of it, that is the end of it. You have to accept it, you may not want to but you have to,” he said.

The judge said he was impressed at Peter making an apology in court and added that William’s previous convictions were a long time ago. The court heard that neither man has come to the attention of gardaí since.

A probation report said both men were suitable candidates for community service and the judge imposed 200 hours of community service on each in lieu of 12 months in prison.

He also ordered William Gallagher to pay €500 in compensation for the damage to the car.
Peter Gallagher was also ordered not to have any contact with the victim.

Letterkenny District Court

A Polish man appeared in court after Gardai discovered cannabis hidden in his underpants.

Krystian Reich, of 25 Fairgreen Park, Letterkenny was one of four men stopped by Gardai at Long Lane, Letterkenny on July 7th last.

Gardai got a pungent smell of cannabis and when Reich was arrested he produced €20 worth of cannabis form his underpants.

Letterkenny District Court heard the accused man, who is 18 years old, plans to return to Poland.

Solicitor Michael Shiel said his client was not working and was not in receipt of social welfare payments.

He asked Judge Paul Kelly if he would consider allowing Reich to make a donation to charity.

Judge Kelly said if Reich paid €100 to St Vincent de Paul, he would strike the matter out.

The case was adjourned until March.