A soccer player who suffered a broken jaw after he was assaulted in a Donegal town nightclub has been awarded €9,322 damages by a High Court jury.

David Graham (24), Laghey, Co Donegal, a striker with Donegal Town FC, sued Darren Reynolds, Bruckless, Dunkineely, Co Donegal, over the assault at the Sky nightclub in the Abbey Hotel, Donegal, on the night of August 5/6th 2012.

The Irish Times reports that the disco was packed with people celebrating Donegal having qualified for the All-Ireland GAA football final earlier that day, the court heard.

Desmond Murphy SC, for Mr Graham, said no defence had been entered to the claim.

On that basis, the case proceeded before Mr Justice Colm MacEochaidh and a jury.

In evidence, Mr Graham said, prior to Mr Reynolds’ assaulting him and breaking his jaw, Mr Reynolds was involved in an earlier altercation in the nightclub that same night with another man.

As a result of the assault, Mr Graham suffered a broken jaw and dental problems, the jury heard.

After considering their verdict for almost an hour, the jury awarded €9,000 general damages, plus €322 special damages.

The judge also awarded costs to Mr Graham against Mr Reynolds.

Adrian McCool.

COURTS: A woman who lost her husband in a road traffic accident, urged a judge not to record a conviction against the man who was cleared of causing his death by dangerous driving.

In February of this year, a jury found Adrian McCool not guilty of dangerous driving causing death.

It was in relation to a collision which occurred on November 13th, 2013, at Cappry, Ballybofey.

John O’Donnell, 53, at the time of the incident was tragically killed in the collision.

Adrian McCool appeared at Letterkenny Circuit Court yesterday afternoon in relation to three road traffic offences relating to the same incident – including failing to have lights on a sheep trailer on the night of the crash and dangerous parking.

The defendant had pleaded guilty to all three charges on the indictment.

The court heard how Mr McCool had been left psychologically scarred by the incident, and was reminded of the tragic incident every time he travelled on the road the accident occurred.

Defence solicitor Damien Crawford read out the details of the probation report which had been ordered on the defendant.

Mr Crawford told the court, “In Mr Coughlan’s probation report, he states that Mr McCool displayed very, very strong empathy for the deceased, and was devastated by what happened.

“All the parties involved in this accident knew each other very well, and Mr McCool was distraught and showed huge empathy for the wife and family of the deceased.

“Mr McCool also displayed a strong strength of character, and apologised face-to-face with the wife of John O’Donnell.

“The family of Mr O’Donnell welcomed him into the home during the wake and funeral and showed great courage and kindness during a traumatic and tragic period in their lives.

“Mr McCool has suffered psychological scarring, and is reminded of the accident daily, but he knows his pain is minuscule in comparison to the pain being suffered by the wife and family of the deceased.”

The court then heard how Mr McCool, a 39 year-old married man, and father of one, had an impeccable record in his community.

The court heard references from a number of retired Gardaí in the area in which the defendant lived, and from a local peace commissioner.

Mr Crawford told the court, “Mr McCool is genuinely and totally remorseful for what happened, he’s a married man, and is the father of one child.

“He’s is a Civil Engineering graduate, and has worked for the Donegal County Council for eighteen years.

“He has an impeccable record, and I have character references from a number of retired Gardaí, and from a local peace commissioner.

“He’s been involved in the towns committee and played a key role in the refurbishment of the church car park in the locality.

“His taillights weren’t working and he knows they should have been, he accepted that and pleaded guilty.

“In relation to the dangerous parking, he took action and pulled in, but he didn’t pull in far enough and misjudged the manoeuvre.”

Mr Crawford then handed a letter to the judge from Mr O’Donnell’s wife, in which she urged the judge not to record a conviction against Mr McCool.

Judge John O’Hagan read out the content of the letter to the court.

“I’d like it noted to the court, that I don’t want any conviction or charge brought against Adrian McCool in relation to the incident which caused the death of husband John O’Donnell.”

“That took incredible courage and bravery for Mrs O’Donnell to do that.”

Judge O’Hagan said the case was very tragic, but reiterated that this should serves as a lesson to motorists to always ensure their lights are working properly on their vehicles.

Judge O’Hagan said, “This is a tragic case, but a very, very serious case, the defendant was accused of dangerous driving causing death, but the jury dismissed him of the charge, and that’s gone now, it’s over.

“He pleaded guilty to the other three indictments against him, and accepted it and took full responsibility for it.

“In this case, there was no connection between the electrics on the van and the trailer.

“The lights couldn’t work, it’s a huge, huge lesson to anyone towing trailers, or caravans or anything.

“Make sure all the lights are working, get someone to drive behind you and check that all is in working order, if the lights are working, great, if not, find out why?

“This had been an abject lesson for Mr McCool, if the lights had been working, this accident wouldn’t have occurred, it’s as simple as that.

“He’s taken full responsibility for his actions, this was an awful night in every sense of the word, and is has affected so many people that it’s incapable of calculation.

“The probation report is remarkable, it goes overboard to say how remorseful Mr McCool is, and it’s inspiring to learn how the family of the deceased welcomed him into their homes for the wake, and he attended the funeral.

“They all knew each other, and came from farming backgrounds, and helped each other down through the years, and have continued to rally around each other in wake of this appalling tragedy.

“I do intend to fine Mr McCool, and I fine him €500 on count 2, €500 on count 3 and €500 on count four, with six months to pay.”

COURTS: A man has pleaded guilty to seriously assaulting a woman outside a Donegal Hotel, at a sitting of Letterkenny Circuit Court yesterday morning.

Kevin Quinn, pleaded guilty to the assault on Shauna McHugh which occurred outside Gallagher’s Hotel on June 22nd, 2015.

He also pleaded guilty to being in a possession of an article made or adapted for use to cause injury.

The court heard how the defendant had an aerosol can and ignited it to make flames.

Judge John O’Hagan ordered a full probation and welfare report to be prepared on the defendant.

O’Hagan also asked the representative from the probation service present in court Mrs Lennox, to see if the defendant could benefit from the Community Reparation Project.

Mrs Lennox told the court that it could be explored, and that they will look into it.

Judge O’Hagan told the court, “The Community Reparation Project has been an incredible success in Nenagh and in Dublin.

“It significantly reduces the chances of re-offending, and the statistics back that up.

“The recidivism is well down in both those areas, and the initiative has been a great, great success.

“In some cases, it suits far better to do this type of programme, as oppose to sending them to prison.

“I’m aware it only applies to specific cases, but I’d like to see if that may be a possibility in this case.”

Judge O’Hagan remanded Kevin Quinn on continuing bail, and adjourned the case until the 6th of December.

COURTS: A man has pleaded guilty to five charges of indecent assault against a female at a sitting of Letterkenny Circuit Court.

The man from North Donegal, appeared yesterday morning in relation to the incidents which occurred in 1984.

The assaults occurred at dates between the 1st of January 1984, and the 31st of December 1984.

The court also heard that the defendant was receiving counselling from a psychotherapist.

Judge John O’Hagan ordered a probation and welfare report to be prepared on the defendant, and also invited the plaintiff to submit a victim impact statement.

He adjourned the case until the 6th of December.

Letterkenny Courthouse.

A mechanic who received and stored stolen goods from burglaries across Donegal has been sentenced to 18 months in prison.

Kamil Luniewski rented a lock-up shed in Termon from which stolen goods were brought and which he paid cash for.

Luniewski would then take the goods, often scrap metal, to an unsuspecting Letterkenny dealer where he would receive payment.

In total he took NINE trailer loads of scrap metal to the dealer in a short period of time.

However, when the Polish national brought a car door to the dealer in Letterkenny, it was subsequently found that it was stolen when another man tried to buy it.

Gardai then traced Luniewski and put his premises under surveillance.

Details of the elaborate Garda operation were given at Letterkenny Circuit Court yesterday when Luniewski faced six charges of handling stolen goods..

Garda Gerard Dalton told the court how there had been a number of burglaries around the time in the Carrigart and Creeslough areas between November 2013 and February, 2014.

As well as the theft of tools, a large number of copper cylinder boilers were ripped out of houses leaving many homes flooded.

When Gardai raided the lock-up rented by the accused on January 28th, they found tools and also boilers stolen in various burglaries.

Luniewski was interviewed by Gardai and subsequently made admissions to buying the goods.

His barrister Fiona Crawford told the court that her client knew deep down that the deals were too good to be true and that he now felt like an idiot.

She said her client was now in a relationship and was working for his sister in her wholesale business in Bridgend and was taking the case “on the chin.”

The accused had €2,200 in court by way of compensation to his victims.

Judge John O’Hagan said that while the accused was charged with handling stolen goods, he stressed that if there were no ‘handlers or receivers’ then there would be no thefts.

He added that this was the most important person in a burglary as it is the person who goes and gets the money and added that Luniewski was “put to his neck in it.”

He sentenced the accused to 3 years for each offence to run concurrently but ordered that 18 months be taken off the sentence for the plea.

Luniewski was led away in handcuffs as his girlfriend cried at the back of the court.

Jason Haughey. Pic by Northwest Newspix.

A man home on holiday from America was left with a horrific scar after being slashed in the face after refusing to give a passer-by a cigarette.

Darragh Harvey had to have extensive plastic surgery after being attacked with a knife by stranger Jason Haughey  on April 23rd, 2012.

Haughey, 26, who had 42 previous convictions, appeared at Letterkenny Circuit Court today facing a number of serious charges.

The court heard how Mr Harvey had returned from the USA where he lives and was on a night out with his father Liam at Gallagher’s Hotel on Letterkenny’s Main Street.

He was approached by Haughey and a young woman and when Mr Harvey refused to give the accused a cigarette, Haughey attacked Mr Harvey before fleeing.

Mr Harvey was rushed to Letterkenny General Hospital and had to later receive plastic surgery.

Pictures of Mr Harvey’s severe scarring were produced in court to Judge John O’Hagan.

Haughey was arrested on May 4th in Ballsyhannon but never admitted to the attack.

The court was also told that Haughey was involved in a number of burglaries on February 4th, 2013.

In one burglary he broke into the home of a Mr Pauric Gallen at Glencar Road in Letterkenny.

When Mr Gallen found Haughey in his living room, the court was told he managed to retrain the burglar with a golf club until Garda arrived but was injured during the struggle.

When Gardai tried to restrain Haughey, he took a snooker ball from a nearby snooker table and tried to swallow it.

He was taken to Letterkenny Garda station and continued to resist arrest and had to be pepper sprayed.

When taken to be cleaned up, Haughey, a known drug user of Castlerea Prison, spat blood and saliva at two Gardai.

Judge John O’Hagan said he had dealt with Haughey on a number of occasions and he had given him a number of chances and “tried my best” to rehabilitate him.

“It is absolutely horrific the damage he has done to this young man,” he said.

Haughey faced a total of ten charges including assault, burglary, obstructing police officers and poison of drugs.

Judge O’Hagan sentenced him to a total of seven years in jail and suspended the last year on condition that Haughey attend the necessary drug rehabilitation courses.

He backdated the sentence to July 17th, 2015, the date since Haughey has been in custody.

Noel Carr apologised to the families of the two friends whose deaths he caused. Pic by Northwest Newspix.

A young driver who killed his two friends by dangerous driving has told their families that he is ‘sick, sorry and ashamed’ of what he did to them.

Noel Carr appeared before Letterkenny Circuit Court today after pleading guilty to dangerous driving causing the deaths of his friends after a festival in the seaside village of Rathmullan in August 2013.

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

The now 25 year old driver of the car, of Glenkeeragh, Newmills, addressed the court to apologise to the families of the dead men who were also present in court.

Mr Carr, who works in a local tyre company, said no words will ever make up for what he has done to the Graham and Crawford families.

He also thanked them for welcoming them into their homes when he went to apologise for his actions after the horrific crash.

Shaun Graham and Matthew Crawford

“I can’t begin to understand what you are going through. I wanted to tell you how sick, sorry and ashamed I am and if I can do anything I would. I can only tell you from the bottom of my heart that I am deeply sorry,” he said.

The court heard how the victims, the accused and another man, Damian Gallagher were socialising at the Rathmullan Community Festival before they left the area to go to a chip-shop.

Minutes later, Mr Carr’s Honda Integra vehicle went out of control, struck a tree, then hit a bridge and landed upside down on its roof in a local garden at 3.20am.

Both Shaun Graham, 19 and Matthew Crawford, 21, were killed instantly while the other two men were treated in hospital.

A Garda forensic investigation found that the cause of the accident was excessive speed and driver error while it also found that the car was being driven at more than 80kph.

The victim impact statements of the families’ of both deceased men were read out to the court.

The mother of the late Mr Crawford, Mrs Joan Crawford, said her home was now just a house after her son had been taken from her.

She revealed how Matthew’s sister Naomi had been planning to move to Canada but had decided to stay in Ireland to look after her mother and she feels she was robbed of that opportunity.

She said her son had a strong heart and would do all the jobs around the house for her – jobs she can no longer face doing now he is gone.

“He was spoiled but I loved spoiling him as I was a typical Irish mother. He was my protector and I will love him until the day I die,” said Mrs Crawford’s statement.

The Graham family statement said their world had been thorn apart.

They said that Shaun was smart, funny and popular and that they would treasure the 19 years they had with him.

They added that no family should be asked to choose a coffin for their son by an undertaker as they had been.

They added that they will rebuild their lives but nothing will replace the loss of their son and all the events in life he had to live for.

The court also heard how Carr had four previous convictions for careless driving reduced from dangerous driving, assault and two of public order.

Passing sentence, Judge John O’Hagan said that by killing his two friends, Mr Carr had been given his own life sentence.

“He’ll have to live with this for the rest of his life. Every waking moment of his life he’ll have to live with that and that’s a punishment in itself. I know the relatives will say – he’s alive but our two sons are not coming back. That’s difficult to take and I take that into account. Prison for a young man like this is a very very alarming experience. You are totally stripped of your dingily and you beach a number and a person wearing a prison uniform – rubbing shoulders with people woe never thought you would rub shoulders with.”

But he said he had to send Mr Carr to prison and sentenced him to four years but suspended the last year and also disqualified him from driving for ten years.

Noel Carr apologised to the families of the two friends whose deaths he caused. Pic by Northwest Newspix.

A young driver who killed his two friends by dangerous driving has told their families that he is ‘sick, sorry and ashamed’ of what he did to them.

Noel Carr appeared before Letterkenny Circuit Court today after pleading guilty to dangerous driving causing the deaths of his friends after a festival in the seaside village of Rathmullan in August 2013.

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

The now 25 year old driver of the car, of Glenkeeragh, Newmills, addressed the court to apologise to the families of the dead men who were also present in court.

Mr Carr, who works in a local tyre company, said no words will ever make up for what he has done to the Graham and Crawford families.

He also thanked them for welcoming them into their homes when he went to apologise for his actions after the horrific crash.

Shaun Graham and Matthew Crawford

“I can’t begin to understand what you are going through. I wanted to tell you how sick, sorry and ashamed I am and if I can do anything I would. I can only tell you from the bottom of my heart that I am deeply sorry,” he said.

The court heard how the victims, the accused and another man, Damian Gallagher were socialising at the Rathmullan Community Festival before they left the area to go to a chip-shop.

Minutes later, Mr Carr’s Honda Integra vehicle went out of control, struck a tree, then hit a bridge and landed upside down on its roof in a local garden at 3.20am.

Both Shaun Graham, 19 and Matthew Crawford, 21, were killed instantly while the other two men were treated in hospital.

A Garda forensic investigation found that the cause of the accident was excessive speed and driver error while it also found that the car was being driven at more than 80kph.

The victim impact statements of the families’ of both deceased men were read out to the court.

The mother of the late Mr Crawford, Mrs Joan Crawford, said her home was now just a house after her son had been taken from her.

She revealed how Matthew’s sister Naomi had been planning to move to Canada but had decided to stay in Ireland to look after her mother and she feels she was robbed of that opportunity.

She said her son had a strong heart and would do all the jobs around the house for her – jobs she can no longer face doing now he is gone.

“He was spoiled but I loved spoiling him as I was a typical Irish mother. He was my protector and I will love him until the day I die,” said Mrs Crawford’s statement.

The Graham family statement said their world had been thorn apart.

They said that Shaun was smart, funny and popular and that they would treasure the 19 years they had with him.

They added that no family should be asked to choose a coffin for their son by an undertaker as they had been.

They added that they will rebuild their lives but nothing will replace the loss of their son and all the events in life he had to live for.

The court also heard how Carr had four previous convictions for careless driving reduced from dangerous driving, assault and two of public order.

Passing sentence, Judge John O’Hagan said that by killing his two friends, Mr Carr had been given his own life sentence.

“He’ll have to live with this for the rest of his life. Every waking moment of his life he’ll have to live with that and that’s a punishment in itself. I know the relatives will say – he’s alive but our two sons are not coming back. That’s difficult to take and I take that into account. Prison for a young man like this is a very very alarming experience. You are totally stripped of your dingily and you beach a number and a person wearing a prison uniform – rubbing shoulders with people woe never thought you would rub shoulders with.”

But he said he had to send Mr Carr to prison and sentenced him to four years but suspended the last year and also disqualified him from driving for ten years.

A MAN has gone on trial in Letterkenny charged with cruelty to three of his six children.

The 48-year-old man – who cannot be named for legal reasons – has pleaded not guilty to six charges.

The charges relate to alleged offences between May 1, 2008 and April 22, 2012.

The man is accused of cruelty including physical assaults on the children and giving alcohol to two of them.

The children are now aged 19, 18 and 15.

The daughter now aged 18 cried as she gave evidence before a jury and Judge John O’Hagan as she alleged weekly assaults by her dad.

The court heard the HSE removed the children from their parents in January 2008 due to concerns about the father’s drinking.

The children were returned to their family home in March 2008, and the prosecution alleged, the father began drinking again six or seven weeks later.

The girl told the court that at first everything seemed fine.

“Dinner would be on the table when we got home from school and the house was clean,” said the girl who is now in foster care.

She said her parents were having the odd drink at the weekend.

However after a few weeks her mother would stay away from the house during the week in a friend’s flat to be nearer to her place of work.

Her father began drinking heavily, she claimed, sometimes until 7am in the morning.

She said each day her older sister would get her father to bed before they woke the younger children, made them breakfast and got them ready for school.

The teenager said that on St Patrick’s Day in 2009 she had gone to the shop. She sent a text to her mother and older sister telling them her dad was drinking again.

When she got home her dad had shouted at her: “Are you mouthing?”

She said her dad had gone to a cupboard, poured himself a rum and coke, and gone into the conservatory.

The girl said she went into the kitchen to make food for the other children when her dad then came up behind her and kicked her. She alleged he then banged her head off a cupboard door and when she turned around he head-butted her.

When he had finished assaulting her, she claimed he turned around and began strangling her older brother before stopping suddenly.

“Any time we stepped out of line we got hit,” she said.

Under cross-examination from barrister Peter Nolan, representing the accused man, the teenager said she stood by her allegations.

She denied making up the allegations because her father had stopped her from seeing her boyfriend.

The witness said she told friends at school about the alleged abuse and later told a teacher.

She said her sister also confirmed what had been happening.

The teenager confirmed to Mr Nolan that her sister had withdrawn her claims a day later and had written a letter saying the claims were made up because of a row over boyfriends.

However the witness said she refused to co-sign the letter.

Later a garda interview with a younger sister – now aged 15 – and filmed when she was 11, was played to the jury.

In the taped interview the girl said she had been assaulted on a number of occasions by her father.

She cried as she claimed her father had grabbed her by the hair and banged her head off a metal part of her bed. She said she wasn’t bleeding after the alleged attack but that she was very sore.

On another occasion he had grabbed her by the throat, she claimed, saying her father was always drinking at home.

“Even on New Year’s Eve they (her parents) were so angry,” said the girl in the taped interview.

She alleged that on another occasion her dad had smashed up furniture including her late granny’s chair.

“She wouldn’t have liked what was going on,” she said.

The girl then gave evidence in the case.

Mr Nolan put it to the girl that she and her older sister had been living together in a care facility between April and June 2012 and that her sister had helped her with what to say in the garda interview.

The girl said her sister had been supportive but hadn’t told her what to say.

She said she didn’t tell her mother about the physical abuse because she said she wouldn’t have believed her.

A primary school teacher who taught the girl when she was at primary school said she had a conversation with the girl walking near her home.

She said the girl had a bag over her shoulder and she waved to her. The teacher said she was quite upset and crying and told her she was running away from home.

The teacher said the girl said she had left home but didn’t want to say why.

“I just tried to calm her down,” said the teacher who returned the girl to her home.

The case continues.

Barry Doherty was sentenced to two years in prison for stabbing Robert Kane.

COURTS: A 25 year-old man from Donegal has been sentenced to two years in prison after a vicious, unprovoked and cowardly assault on a married father of one.

Barry Doherty, currently serving another sentence in prison for a previous assault – appeared at Letterkenny Circuit Court in relation to an incident which occurred in Moville on June 20, 2015.

The court heard how Doherty charged at his victim Robert Kane with a bottle, broke it over his head, and then stabbed him while the pair were lying on the ground.

A statement from Robert Kane was read to the court by Sergeant Forrestal, he told the court, “I was socialising with friends on the night in question, when I noticed three or four males in a row.

“I saw one of his friends involved and intervened to break it up, I was then drawn into a row as a result of trying to intervene.

“However, I opted to walk away from the row, as there were a number of different altercations breaking out around me.

“However, as I walked away from the row, at the corner of my eye I saw a man charge at me with a bottle.

“He broke the bottle over the head of Mr Kane, and both men fell to the ground, the bottle broke, but Mr Doherty then made attempts to slash and stab at me.

“I was s***ing myself, and I was trying frantically to get away, when I got up, it was at that point I think I was stabbed.”

The court then heard how independent witnesses Aoife McDonald and Danny Gillespie verified this version of events.

They both told Gardaí that the attack was aggressive and unprovoked.

Sergeant Forrestal said: “He got a lift home with Aoife McDonald, and he lived about six miles away from where the incident occurred.

“He said he felt he was sweating, and then it was at that point he realised he had been stabbed.

“He was taken to NOWDOC, and then transferred immediately to hospital, he had severe lacerations and required 27 stitches.”

In a harrowing victim impact statement read again by Sergeant Forrestal – Robert Kane said how the events of that night had changed his life forever.

“A few days after the incident, I was out with my girlfriend and my daughter, when I collapsed.

“My life flashed in front of me, and I honestly thought I was a goner, then thought I had a bleed on the brain, but it was delayed concussion from the blow I received on the head.

“I’ll never forget that night, it will never ever leave me, I might never have made it back to my partner and daughter, I’m nervous now that something might happen when I go out.

“I’m conscious of the scars that I’ve been left with, when I go swimming with my daughter I feel like everybody is staring at me.

“Also when I’m lying in bed with my daughter she asks me is my back sore? This makes me angry.

“I didn’t go out to look for trouble, I tried to help a friend, then I walked away from it, and I was left with this scar, I’ll never forget those few seconds when we were both lying on the ground, and he was trying to stab me, he was like a crazed animal.”

The defendant Barry Doherty took the stand and told the court he was profoundly sorry for his actions, and said the incident had been a turning point in his life.

He read out a statement directed at the plaintiff Robert Kane.

Doherty said: “I’d like to let you know how sorry I am for what I’ve done, I’ve no excuses for what I did.

“I had a choice, I should have walked away and I didn’t, I’d like to sincerely apologise to Mr Kane and his family for my reckless and dangerous behaviour.

“I realise the hurt and devastation my behaviour has caused Mr Kane, and this terrible incident has been a turning point in my life.

“I plan on using my time in custody to address the issues I have with alcohol and substance abuse.

“I moved to Ireland when I was 12, and I struggled to fit in, I was subject to severe bullying for years, and then I fell in with the wrong crowd.

“I hate what I’ve become, but I want to turn my life around, and when I’m released from prison I will return to England, to get away from the bad elements that have surrounded me here in Donegal.

“I’d like to again apologise to Mr Kane for the disgusting injuries he received because of my actions, and I’d like to wish him well in the future.”

Judge John O’Hagan told the court: “It’s clear from your probation report that you’ve taken steps to reform your life.

“These are professional people that are used to dealing with these cases, and they all say you’ve got a good side to your character, and that you are genuinely remorseful for what you have done.

“However, this was a very, very serious crime and you’ve a severe history of this type of behaviour.

“I do hope this is a turning point in your life, and I do think you’re genuinely remorseful for what you’ve done.”

Mr Doherty was due to be released on June 1st, 2017, but Judge John O’Hagan sentenced him to a further two years in prison for this attack on Robert Kane.

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

A SOLDIER who drove the getaway car in a bomb attack has been jailed today for eight years – with the final two years suspended.

Mark Cassidy, 31, from Burnfoot, was led away in handcuffs at Letterkenny Circuit Court after he admitted possessing two bombs which exploded beside a vehicle in the town in 2013.

Today Judge John O’Hagan said Cassidy had used his expertise as a soldier in the Defence Forces to play a role in the attack on the Coyle family home in Manorview Park, Letterkenny, on November 22, 2013.

Cassidy had pleaded guilty to two charges of possessing explosives.

He admitted driving the car to the scene of the crime but claimed he had been put under duress by others to do so. He is already serving a sentence for possessing a bomb at his Burnfoot home.

Judge O’Hagan said Cassidy was discharged from the Defence Forces when he was sentenced for the earlier offence in February 2014.

He said it was clear that Cassidy had served with distinction overseas but that he “has used  his profession as a soldier” to be involved in the bomb attack on the Coyle family jeep.

He said this was an aggravating factor in the case and “puts the case on the higher level of seriousness” in such cases.

The judge dismissed suggestions that Cassidy was acting under duress.

“There is no evidence of that whatsoever. He knew exactly what he was doing,” said the judge.

“The fact he did not know the Coyles makes it worse – he didn’t care. The affect on the family, the fall-uot has been life changing on their lives and they have no idea whatsoever what the reasons were for this incident were and they still don’t know.”

He sentenced Cassidy two eight years in prison on each charge, to run concurrently, with the final two years suspended for two years..

He granted a Destruction Order for the disposal of items recovered by Defence Forces bomb experts in the aftermath of the case.

Members of the Coyle family were in court for the sentencing.

TWO of Donegal’s bravest teenage girls wept and hugged each other as a jury found their evil father guilty of beating them and giving them drink over a sickening four year reign of terror at their home in the county.

The evil dad can’t be named – to protect the identity of the girls. The girls have asked for their anonymity to be protected as they re-build their lives with loving foster parents. (Please DO NOT speculate on social media and respect the girls’ wishes).

Their joy at being believed by a jury at Letterkenny Circuit Court couldn’t be held back.

Their mother had stood by their father as he pleaded not guilty to six counts of cruelty towards the children.

And their brother – who had given an extensive and detailed statement detailing the physical abuse – withdrew his statement and gave evidence backing his dad, saying he had made up his claims.

The charges relate to alleged offences between May 1, 2008 and April 22, 2012. The six children were taken from their parents by social services in January 2008 and the returned to their parents two months later.

By May they were being battered with a stick, punched in the head, head-butted, slapped and had their heads banged off bars in a series of sickening attacks which would last for the next FOUR YEARS!

The girls, now aged 18 and 15, were aged just 10 and seven when their sick dad’s drunken attacks began.

The daughter now aged 18 cried as she gave evidence before a jury and Judge John O’Hagan as she told of weekly assaults by her dad, made to re-live the hell.

The girl told the court that at first everything seemed fine in March 2008.

“Dinner would be on the table when we got home from school and the house was clean,” said the girl who is now in foster care.

She said her parents were having the odd drink at the weekend.

However after a few weeks her mother would stay away from the house during the week in a friend’s flat to be nearer to her place of work.

Her father began drinking heavily, she claimed, sometimes until 7am in the morning.

She said each day her older sister would get her father to bed before they woke the younger children, made them breakfast and got them ready for school.

The teenager said that on St Patrick’s Day in 2009 she had gone to the shop. She sent a text to her mother and older sister telling them her dad was drinking again.

When she got home her dad had shouted at her: “Are you mouthing?”

She said her dad had gone to a cupboard, poured himself a rum and coke, and gone into the conservatory.

The girl said she went into the kitchen to make food for the other children when her dad then came up behind her and kicked her. She alleged he then banged her head off a cupboard door and when she turned around he head-butted her.

When he had finished assaulting her, she claimed he turned around and began strangling her older brother before stopping suddenly.

“Any time we stepped out of line we got hit,” she said.

The witness said she told friends at school about the alleged abuse and later told a teacher.

She said her older sister also confirmed what had been happening.

The teenager confirmed that her older sister had withdrawn her claims a day later and had written a letter saying the claims were made up because of a row over boyfriends.

However the witness said she refused to co-sign the letter. She stuck to the story – because it was true.

Later a garda interview with a younger sister – now aged 15 – and filmed when she was 11, was played to the jury.

In the taped interview the girl said she had been assaulted on a number of occasions by her father.

“Why is daddy being so mean?” she asked.

She cried as she claimed her father had grabbed her by the hair and banged her head off a metal part of her bed. She said she wasn’t bleeding after the alleged attack but that she was very sore.

On another occasion he had grabbed her by the throat, she claimed, saying her father was always drinking at home.

“Even on New Year’s Eve they (her parents) were so angry,” said the girl in the taped interview.

She alleged that on another occasion her dad had smashed up furniture including her late granny’s chair.

“She wouldn’t have liked what was going on,” she said.

The girl then gave evidence in the case.

A primary school teacher who taught the girl when she was at primary school said she had a conversation with the girl walking near her home.

She said the girl had a bag over her shoulder and she waved to her. The teacher said she was quite upset and crying and told her she was running away from home.

The teacher said the girl said she had left home but didn’t want to say why.

“I just tried to calm her down,” said the teacher who returned the girl to her home.

Last night at Letterkenny court the girls were believed. They were relieved and delighted.

Their mother and brother left court with their evil dad.

Their dad will be sentenced in July.

Jason Haughey leaving Letterkenny Circuit Court to commence a six year sentence. (North West Newspix)

An innocent man who was viciously attacked when he refused a passer-by a cigarette in Letterkenny has spoken for the first time about his recovery.

Darragh Harvey suffered scarring to his face when he refused thug Jason Haughey, 26, a cigarette.

The well-known Letterkenny man had returned from America on holiday in April 2012 when his life changed forever.

He was out for a drink at Gallagher’s Hotel when Haughey, who has 42 previous convictions, slashed him with a knife when Darragh refused to give him a cigarette.

Darragh was rushed to Letterkenny General Hospital and later received extensive plastic surgery to his face.

Last night, in a brief statement, courageous Darragh told Donegal Daily that he had now put the shocking incident behind him.

“The support of my family, friends and community both here in America, and back home in Ireland, helped put this behind me some time ago,” he said.

And optimistic Darragh even added “I wish everyone a healthy and productive life.”

Meanwhile Haughey appeared at Letterkenny Circuit Court this week charged with a series of charges including the assault on Darragh.

Judge John O’Hagan sentenced him to a total of seven years behind bars with the last year suspended.

A four year old child who cannot be driven by the place in which she was involved in an accident has been offered €8,000 of a settlement.

The child, who was two years old at the time, appeared at Letterkenny Circuit Court as part of a personal injury claim.

The accident happened in Co Donegal when the child was a restrained back seat passenger in a car in August 2013 when it was struck by another vehicle.

In the aftermath of the accident, the court was told the child suffered a cut lip and was very anxious and was crying.

The child’s parents also had to drive a different route to their montessori school as the child became very anxious going past the scene of the accident.

Judge John O’Hagan said he agreed that the offer of approximately €8,000 was not enough and said he was recommending something in the order of €10,000 of the child and said he was not approving of the offer.

TWO men, who are accused of extorting €15,000 from a Buncrana family, have claimed they are being denied basic human rights in prison.

Kevin Harkin, 30, of 71A Rosnagalliagh, Derry and Seamus Mahon, 34, with an address of 92 Altcar Park, Galliagh, both appeared in handcuffs in Buncrana District Court.

The duo had spent the previous four nights in Castlerea prison after they were arrested at Ture, Muff on Friday last, April 22.

They both appeared before a special sitting of Sligo District Court that night jointly charged with making an unwarranted demand to extort monies to the sum of €15,000 with menace from a local couple.

However last Tuesday the men reappeared before Buncrana Court after being transported by prison officers from Castlerea allowing their solicitors to apply for bail.

Solicitor for Harkin, Donnacha Cleary told the court that the Derry man would reside with his sister’s partner in Carndonagh and sign on regularly in Inishowen.

Similarly solicitor for Mahon, Pat McMyler said there was a possibility that his client could live in a family property in Malin, which belonged to his father and uncle.

The men claimed they had been denied human rights in jail as they hadn’t been allowed to shower or change their clothes since they were arrested on Friday.

“No shower, no phonecalls and the same clothes since Friday,” said Kevin Harkin.
“What about human rights? What about our human rights?” said Seamus Mahon.

The court was told Harkin’s partner’s had brought a change of clothes to the court but was informed they could not be handed over.

Superintendent Eugene McGovern stated the men were not permitted to take any
additional property back with them to prison. He said the accused’s partners were welcome to bring the stuff to Castlerea Prison where a member of the prison service would examine it thoroughly.

He said any other concerns were a ‘matter for the prison service’.

Mr. Cleary said there was a certain ‘degree of rancour’ being shown towards the two Derry men.

While Mahon’s solicitor Pat McMyler asked Judge Paul Kelly to direct that €50 could be given to the men by their partner’s to buy ‘a few cigarettes’ and items in prison.

While, Judge Kelly said be believed that the claims that the prisoners had been denied showers was ‘not proper’ he added that this and Mr. McMyler’s calls for the Derry to be given cash was not a matter for the district court.

Earlier in the hearing, Mr. McMyler raised concerns that he was not allowed to consult with his client in private. The prison officer accompanying the Derry man said he could not consent to allow Mahon in the consultation room in the courthouse claiming that it wasn’t secure.

A clearly outraged Mr. McMyler did not accept this, adding there were bars on the window, with Judge Kelly adding that he was ‘entitled to consult’ with a solicitor in private.

However Judge Kelly also accepted that ‘people had broken out of courthouses in this country before’.

After inspecting the consultation rooms, Supt. McGovern said they were not suitable. He suggested that they could return to the Garda Station in Buncrana to allow them to consult with their solicitors in a secure environment.

However, Mr. McMyler said this was unacceptable. He said everyone had the right to consult privately in the facilities in the Buncrana Courthouse and his client shouldn’t be treated differently.

After some argument, Gardaí approved a private consultation in the rooms downstairs in the courthouse, which were deemed more appropriate.

Regarding the bail application, Supt. McGovern told the court that the strenuously objected to bail given the seriousness of the charge. He said on conviction in the Circuit Court the penalty for the alleged offence of extortion was up to 14 years in prison.

He described the ‘strength of the garda evidence’ against the two men as ‘extremely
significant’.

The Buncrana Superintendent also said that he had ‘significant concerns’ relating to the intimidation of witnesses connected with the case.

He also revealed that he was awaiting DPP instructions on which court ‘venue’ the case would be heard.

Regarding Mr. Harkin, Supt. McGovern said he objected to the Carndonagh address which Mr. Cleary had provided.

Mr. Cleary said he didn’t understand the basis of the objection.

“I am not aware of the strength of the evidence but I have an address, Mr. Harkin’s partner’s brother, Martin O’Connor lives in Carn and there is a room there for him.
Mr. O’Conner says he is welcome,” said Mr. Cleary.

“I’m not sure what the basis for the objection is – perhaps we could try and bridge the gap with the Gardaí in relation to their objection.”

Mr. McMyler said he had an address in Malin for Mr. Mahon and would be able to gather cash for an independent surety, however that he would need time to arrange for money to be transferred. Supt. McGovern said he also objected to bail being granted for Mr. Mahon on any circumstances.

Judge Kelly remanded the Derry pair in custody to appear before Letterkenny Circuit Court next Tuesday, May 3.

A young brother and sister have been awarded personal damages at Letterkenny Circuit Court after their family car was in collision with a tractor.

The accident happened when a tractor emerged from a side-road and went over the bonnet of the car with the children in it.

The court heard that the first child, who was aged 7 at the time but is now 10, sustained cuts and soft tissue to the right hand.

An offer of €12,500 was offered by the insurance company and this was accepted by the child’s mother.

The second child, was 5 at the time but is now 8, suffered more long term as a result of the accident.

The court heard the child was cut to the neck but had more psychological issues.

The child is still nervous traveling and wets the bed occasionally.

The offer to the child was €15,000 which Judge John O’Hagan said was not an insubstantial amount of money.

He ordered that €200 be released to each child to get them something small at present and the rest of the money be lodged into a trust fund until they are older.

Judge Paul Kelly

A Judge has warned a Derry man that he is not allowed to bring drugs into Buncrana.

Buncrana District Court heard that Eamonn Green, of 6 Inis Carn Crescent, Creggan, pleading guilty to possessing cannabis earlier this month.

The court heard that Green’s car was searched by Garda Jason Conroy on April 14 at Ballyderowen, Burnfoot.

Superintendent Eugene McGovern said the value of the cannabis was €45. He said the Derry man had no previous convictions and was extremely co-operative when arrested. he said the detection arose when Garda Conroy searched his vehicle in a public place.

Supt. McGovern told the court that there were other occupants in the vehicle but that Green admitted ownership of the drugs.

Judge Paul Kelly asked Green what he was doing bringing drugs into Buncrana. The Derry man said the drugs were for personal use and admitted that it was a ‘stupid decision’.

Judge Kelly warned Mr. Green that cannabis, even for personal use for completely illegal in the Republic of Ireland. He said his employers would not be too impressed with him if he ended up with a conviction for drugs.

He said because he had no previous convictions he would give him one opportunity to avoid a criminal conviction. Judge Kelly told Mr. Green if he made a charitable donation of €150 to the St. Vincent de Paul in Buncrana and bring the receipt back to court, he would strike out the charge against him.

Green, 30, returned a short time later and produced a receipt. Judge Kelly told the Derry man that he would strike out the charge and that he would not be left with a conviction.

A JUDGE has turned down an attempt by a major bank to re-possess a Co Donegal home – for at least a year.

Judge John O’Hagan made the ruling at Letterkenny Circuit Court in a case involving an owner fighting a battle against illness and a tenant who wanted to stay in the home.

The Bank of Ireland applied for the repossession order to be granted, a barrister telling the  judge that the owner had failed to make payments and had refused to engage with the financial institution.

She said the bank had made numerous attempts to resolve the issue.

However the tenant of the property told Judge O’Hagan that she is a mother of four, two of her children still at school.

She said her landlord was fighting kidney disease and had been placed at the top of the transplant list.

She said she and her family wished to remain in the house and if it was given to the bank, she would be homeless.

“Have you tried dealing with the bank yourself, paying the rent to the bank,” asked the judge.

The tenant said they had made numerous attempts to do this but that the Bank of Ireland didn’t want to deal with them.

Judge O’Hagan said the lack of engagement between the home owner and the bank meant he had no choice but to grant the repossession order.

However he said he would put a stay of one year on the order, telling the tenant: “This gives you a year to find another home and I hope it works out for you.”

A young mother who smashed a glass into the face of another young woman at a party leaving her scarred for life has escaped jail.

Siobhan McCrory attended a house party at Ard na Ri in Letterkenny on November 1st, 2013.

During the party, words were exchanged with another woman, Catherine McClelland, and a scuffle broke out during which both women pulling eachother’s hair.

However during the struggle Ms McClelland was struck with a glass.

At first she thought it was just a punch but she soon realised she had blood coming from her face.

Ms McCrory, 29, appeared at Letterkenny Circuit Court where she was charged with assault causing harm for which she pleaded guilty.

Garda Darren Carter said he interviewed Ms McClelland after she had attended Letterkenny University Hospital after the incident.

The victim was taken to Sligo General Hospital where shards of glass were removed from her eyelid while other glass objects were removed from her left orbit.

She was also left with a permanent scar which she must now disguise by using make-up.

Ms McCrory was arrested on November 11th, 2013 and while she did admit she had been in an altercation, she denied causing any injury to Ms McClelland by smashing a glass in her face.

The court heard that the accused has no previous convictions of any kind and has not come to the Gardai’s attention since.

A victim impact statement on behalf of Ms McClelland was read out in court.

She said she now has to disguise her scar with make-up and hates getting in family photos.

She aded that although she is a strong person and is trying to get on with her life, she continues to have flashbacks to the night of the attack.

The victim also alleged that Ms McCrory also approached he in an aggressive manner on a

number of occasions outside her home – a claim denied by the accused.

Ms McCrory, a mother of three children aged 15, 10 and 8, took to the witness stand to apologise to Ms McClelland.

Barrister Peter Nolan said the accused on the night was on a cocktail of vodka, red bull and anti-depressants, which he described as a lethal cocktail.

He said she is on disability allowance and has no compensation to offered the injured woman.

Judge John O’Hagan described the incident as a very serious charge which stemmed out of gossip and name calling.

He said he had considered all factors and considered a two year sentence.

However he said that he did not believe Ms McCrory realised what she did because she was so intoxicated on drink and drugs.

He added that if people could turn back the clock it would be a wonderful thing.

He replaced the two year sentence with 200 hours community service.

Mr Friel arriving in court today. Pic: NorthWestNewsPix

A LANDOWNER has pleaded guilty to a gun attack on a neighbour.

Patrick Friel, from Ballynakillew, Glenswilly, was due to go on trial before a jury at Letterkenny Circuit Criminal Court today in relation to the attack in the townland of Ballynakillew on January 3, 2015.

However he pleaded guilty to two of the three charges today.

He admitted possession of an air rifle with a telescopic sight attached without a licence.

He also admitted a Section 3 assault causing harm to Gerard Sweeney under the Non Fatal Offences Against The Persons Act.

DPP barrister Patricia McLaughlin said the full facts of the case would be given at a sentencing hearing.

Judge John O’Hagan remanded Mr Friel on continuing bail to appear at Letterkenny Circuit Court in December.

He agreed to a request from the defence for a full probation and welfare report to be prepared on Mr Friel.

The judge said the victim Mr Sweeney should be asked to prepare a victim impact statement when sentence is given at the December sitting of the circuit court.

The scene of the shooting incident in January last year