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MAN WHO BEAT VICTIM WITH POOL CUE GETS COMMUNITY SERVICE

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

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

A MAN who beat his victim with a broken pool cue has been given community service after pleading guilty to the offence.

Mark O’Donnell, who is 38 and from Gaddyduff, Clonmany, appeared at Letterkenny Circuit Court to admit the attack in Carndonagh on November 15, 2009.

In January he was cleared of a similar offence after another man refused to testify against him in front of a jury.

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, had told 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.”

Judge John O’Hagan instructed the jury to find O’Donnell not guilty.

In the case before the court this week, the court heard victim David O’Connor needed nine stitches to a head wound after being attacked by O’Donnell.

A medical report also noted that Mr O’Connor was “lucky” not to have suffered a serious brain injury.

Judge O’Hagan said O’Donnell had pleaded guilty in this case.

He said the accused no longer appeared to have a problem with alcohol and had not come to the attention of gardaí in recent times.

He also noted a previous conviction for assault in 1999 was “quite some time ago now.”

Barrister Damian Crawford said O’Donnell had €5,000 in court as compensation for Mr O’Connor.

The judge ordered that this be given to Mr O’Connor.

He sentenced O’Donnell to one year in prison, but substituted 100 hours community service.

 


JUDGE TELLS DEFENDANT –“YOU’RE A NUISANCE TO SOCIETY, YOU DESERVE TO BE PUT AWAY”

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Terence McDonagh.

Terence McDonagh.

Johnny McDonagh.

Johnny McDonagh.

COURTS: A judge has slammed the behaviour of a man who has consistently re-offended and told him he was a complete menace to society.

Judge John O’Hagan told the Johnny McDonagh that he deserved to put away as he was a ‘public nuisance’ at a hearing at Letterkenny Circuit Court last week.

Johnny McDonagh and his brother Terence McDonagh appeared in court in relation to an incident in which they threatened to damage the property of a man whose son owed them money.

Terence McDonagh of the Big Isle, Letterkenny, was charged with threatening to damage the property of Martin Gildea at Correnagh, Letterkenny, on dates on December 11th and December 18th, 2013.

Johnny McDonagh of 12 Glendale Manor, Letterkenny, was charged in relation to the offence on December 18th.

The court was told how Mr Gildea now lived in constant fear, and had sleepless nights since the two incidents in 2013.

The court dispute was over a sum of money Terence McDonagh said that Mr Gildea’s son owed him.

On December 11th, 2013, Mr Gildea saw a vehicle approach his home, he was able to identify the driver to be Terence McDonagh.

Mr McDonagh asked Mr Gildea was his son Joey in? Mr Gildea responded that he wasn’t.

The defendant then said, ‘Well tell ‘J’ I’m looking for him’ before he jumped back in the car which sped off down the lane and out of sight.

On December 18th, Terence McDonagh returned but this time had his brother Johnny McDonagh was with him.

The pair of them went around to the back of the house and as they walked around the front an irate Johnny McDonagh met Mr Gildea and said, “Where is Terence’s money, if he doesn’t get it, I’ll burn this house down and I’ll do damage to you.”

The pair jumped in their vehicle and again sped off, Mr Gildea was left shaken following the exchange and immediately contacted Gardaí.

In his evidence Mr Gildea told the court that his life had been severely altered since that incident, and he now lived in fear.

Mr Gildea told the court, “I’m afraid that somebody is going to interfere with my family and hurt them, I live in constant fear, and every time I hear a car and get nervous.

“It has affected my wife too, and it’s just a horrible feeling to have all the time, to think that someone is out there that wants to hurt your family.”

Both Terence and Johnny McDonagh were arrested on December 20th, 2013, but neither of the defendants made any admissions to the charge.

The court was told that Terence McDonagh had nine previous convictions including charges relating to road traffic offences, criminal damage, stolen property, and threatening and abusive behaviour.

However, in recent years he had not come to the adverse attention of Gardaí, and the court heard he had suffered serious spinal injuries in a car accident.

On the other hand Johnny McDonagh had a vast amount of serious previous convictions ranging from charges relating to burglary, possession of an offensive weapon, public order offences and assault.

Defence counsel for Johnny McDonagh, Charlotte Simpson, said that her client had serious issues with alcohol and substance abuse, and since he took efforts to address those problems had not committed any offences in the last ten months.

The court then heard how Johnny McDonagh was a 24 year-old father of two, who was expecting a third child in June.

In relation to the charges against Terence McDonagh, Judge O’Hagan said he had not been in trouble since and clearly had made an effort to stay out of trouble.

He adjourned the case against Terence McDonagh for one year on condition that he engage on a one on one basis with the Probation services and undertake regular appointments.

However, Judge O’Hagan said that Johnny McDonagh was a public nuisance, a menace to society and ought to be put away.

Judge O’Hagan said, “Johnny McDonagh is a public nuisance, you’re a menace to society and you deserved to be put away.

“You’ve a string of serious offences, and have consistently re-offended over the years, you don’t seem to have learned from your mistakes.

“The probation report submitted on you, indicates that you have a low I.Q. and have addiction issues and a poor work ethic, you don’t seem to want to conform and become part of society.

“However, I’m willingly to undertake a ‘leap of faith’ and I’ll adjourn the case for a year on the condition that he, too, engage on a one-to-one programme with probation authorities.”

The court services were given liberty to re-enter the cases within the year if necessary.

MAN ADMITS THEFT OF MORE THAN €12,000 FROM CARROLL’S FAMILY HAM

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carrolls-logoA COUNTY Donegal man has admitted stealing almost €12,000 from one of the country’s most famous food companies.

David Scott appeared at Letterkenny Circuit Court and pleaded guilty to two counts on the indictment against him.

The 44-year-old from Ash Meadows, Stranorlar, pleaded guilty to stealing €1,170.18c on May 9, 2013 and a further charge of stealing another €836.54c from Carroll Cuisine Limited, Tullamore, Co Offaly.

The company is one of the country’s best know producers of ham.

Patricia McLaughlin, prosecuting for the Director of Public Prosecutions, asked for the case to be adjourned until July for sentencing.

She said Scott would be arraigned on eight other similar counts at that hearing.

Judge John O’Hagan adjourned the case for welfare and probation reports.

 

DONEGAL MAN IS COUNTY’S ‘NO1 DRUG SUPPLIER’

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Seamus Boyce

Seamus Boyce

A RAMELTON man has been described in court as the ‘number one supplier of drugs’ in County Donegal.

The claim was made by a PSNI officer about Desmond Enfield, from Ramelton and with an address at Ray, Rathmullan during a bail application by Seamus Boyce, originally from Ramelton but now with an address at Glenwood Park in Letterkenny.

Enfield, who is 32, and another accused, Kieran Austin, (59), Annesborough Road, Lurgan, and Desmond Enfield, (32), Ramelton, Donegal, also appeared at the same court via video link. They did not apply for bail.

All three are charged with possession of cannabis worth £300,000 (€390,000) on April 22  at Derrymacash, Lurgan, and having it with intent to supply

A PNSI detective told the court that at an industrial estate in Newry 32-year-old Boyce met with Enfield and about an hour and a half later they met with Austin in Derrymacash.

Police discovered in their vehicle 15 kilos of suspected herbal cannabis with a value of £300,000.

The officer said Boyce initially gave an account to police but then over two days replied with no comment or no response interviews.

She told the court that Boyce was a close associate of Enfield who Garda believed was the number one drugs supplier in Donegal.

The officer opposed bail because of the defendant’s current address outside the jurisdiction and that there was a risk of flight.

A solicitor representing Boyce said that his client lived in Letterkenny and did not have far to travel if there was a reporting to police condition of his bail.

He also said that Boyce had believed it was tobacco in the vehicle.

District Judge, Mr Mervyn Bates, said it was a ‘completely absurd’ application because the defendant had an address outside the jurisdiction and these were serious charges.

He felt there was a strong risk of flight and remanded Boyce in custody to appear by videolink on May 27.

Austin and Enfield did not apply for bail and were remanded in custody to appear again in court by way of video link on the same date.

Desmond Enfield

Desmond Enfield

COURT HEARS HOW DRINK-DRIVER KILLED POPULAR DONEGAL GAA FAN PATSY

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northwestnewspixBY JOHN CASSIDY: A Co Tyrone man was two-and-a-half times the legal drink drive limit when he killed a popular Donegal GAA fan in a head-on collision.

Omagh Crown Court heard that Paul Nicholl, 50, lost control of his Suzuki car after hitting a kerb and careering into a car carrying Patsy McCroary, his wife and two children over two years ago.

Nicholl, of Carnkenny Road, Newtownstewart, had pleaded guilty to causing the death of 62-year-old Mr McCroary by dangerous driving with excess alcohol and causing grievous bodily injury to his wife and children.

An avid GAA fan, Mr McCroary was known affectionately as ‘Donegal Patsy’ because of his passion for his native team, travelling the length and breadth of Ireland to support the team.

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

Just days before the crash, he attended the Dr McKenna Cup game between Donegal and Tyrone in Letterkenny and was described as “Donegal’s number one supporter”.

Simon Reid, prosecuting, told the court that on the morning of January 8, 2014, Patsy McCroary was a front seat passenger in a blue Toyota Avensis car being driven by his son Padraig.

His wife Geraldine and their daughter Samantha were rear seat passengers.

He said they were travelling at 40mph towards Strabane on the Mellmount Road between Sion Mills and Victoria Bridge when the collision happened.

“As their car approached a left-hand bend, Padraig McCroary saw a vehicle coming towards them. It had crossed into their lane,” said the prosecutor.

“He realised that there was nothing he could do at that point. He was knocked out by the collision and the next thing he realised was people coming to assist him.”

Judge Paul Ramsey QC heard that a female witness was driving away from Strabane and noticed Nicholl’s vehicle coming out from a side street.

“She noticed that, as the defendant’s vehicle approached a right-hand bend, it strayed to the left, striking a kerb and going onto a grass verge.

“She said that he tried to correct his steering but strayed into the opposite lane, veering across the road and into the oncoming traffic, colliding with the McCroary car.”

Emergency services were sent to the scene and Nicholl was found to be still sitting in the vehicle.

“As he was being tended to by the fire service, a police officer smelt intoxicating liquor coming from his breath.”

The officer also noticed that there was a 12-pack of beer in the car and one of them had spilled as a result of the accident.

At hospital, the court heard, a blood sample was taken and Nicholl’s reading was given as 204 milligrammes of alcohol to 100 millilitres of blood.

“The legal limit is 80 milligrammes,” said Mr Reid, “so he was two-and-a-half times the legal limit”.

The defendant was later interviewed and said that he had stopped off at a bar that morning to have a couple of pints of beer and then left to go to Newtownstewart, stopping at a shop along the way and buying a 12-pack of beer and some sausage rolls, “but had no recollection after that”.

Nicholl was later pressed at interview about his alcohol consumption and said that he had drank three cans of beer the night before and had taken a diazepam tablet that morning.

The judge was told that Patsy McCroary was taken to the accident and emergency department at Altnagelvin Hospital in Derry for treatment.

“Sadly, despite the efforts to save his life, he didn’t recover from his injuries.”

Mr Reid said driver Padraig McCroary sustained a fracture to the sternum, seven broken ribs and three bone fractures to his foot.

His mum Geraldine sustained multiple spine fractures, a broken pelvis, rib fractures, a fracture to her lower left leg “and had to be treated by the trauma team” at Altnagelvin.

Her daughter Samantha was “put into an induced coma and had to be put on a life support machine” after sustaining a fracture to her skull, fractures to her eye socket and nose along with a contusion to her lung.

The prosecution lawyer said Nicholl had no previous convictions for road traffic matters but had a criminal record for assaults and criminal damage.

The judge was told that the maximum sentence for causing death by dangerous driving while under the influence of alcohol was 14 years in custody after a contest.

Describing Nicholl’s culpability as high, Mr Reid said he believed the defendant’s offending could be categorised in the intermediate range of the sentencing guidelines, with a starting point of seven years, with a sentencing range of between six and 12 years.

But he added that because Nicholl had “pleaded guilty at the earliest opportunity he was entitled to a significant discount” on his sentence.

Barrister Ivor McAteer, defending, said Nicholl had a long history of dealing with his “alcohol demons” and was “deeply remorseful” for causing the death of Patsy McCroary and seriously injuring his wife and two children.

“He does not row back from his culpability and there is no trying to deflect or diluting the pain and hurt felt by the family of Mr McCroary.

“It is a heartfelt approach by him and I was specifically requested to say that.”

Judge Ramsey QC said he wanted to reflect on legal submissions by both the prosecution and defence.

Remanding Nicholl back into custody, the judge said he would sentence him next week.

At hearing.

 

SIX YEARS BEHIND BARS FOR MAN WHO STABBED PENSIONER 20 TIMES IN FRENZIED ATTACK

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Lee Mitchell

Lee Mitchell

A father-of-three who awoke from a drunken slumber to find a man allegedly performing a sex on him has been jailed for six years after brutally attacking the man.

Lee Mitchell went into an uncontrolled frenzy and stabbed pensioner Patrick McLaughlin at least 20 times at a house in Carndonagh, Co Donegal on May 30th, 2014.

So severe was the attack that the 74 year old lost the sight in one of his eyes and is now on a care home.

Mitchell, formerly of Windmill View Letterkenny pleaded guilty to a Section 4 assault causing serious harm to Mr McLaughlin at 1, Ard Bhride, Carndonagh when he appeared at Letterkenny Circuit Court.

Garda Dermot Kenny told the court that gardai were called by the occupants of the house next to 74-year-old Mr McLaughlin around 10.20pm on the day of the incident.

Mitchell’s former girlfriend lived at No2 and her parents said Mitchell had come into their home and said: “I’m only after murdering yer man next door. I hit him with a crutch and stuck (stabbed) him four times with a screwdriver – how am I going to get out of this. I need petrol to get rid of the evidence.”

Garda Kenny said a colleague entered No2 and heard “a gurgling sound”.

He found Mr McLaughlin covered in blood sitting on a chair. There were blood splatter marks all over the living room.

Forensic tests found Mitchell had stabbed Mr McLaughlin 33 times using a knife, a screwdriver and the handles of both a frying pan and a pot.

Mitchell later admitted taking heroin, drinking Buckfast and taking 20 diazepam tablets.

During a garda interview the day after the incident, Garda Kenny said, Mitchell claimed he had been walking to the Montgomery house when Patrick McLaughlin came to the front door and called him in.

He said he had been drinking with Mr McLaughlin had fallen asleep.

Questioned by Peter Nolan, defending Mitchell, Garda Kenny confirmed that Mitchell told detectives he had woken up because he felt pressure on his legs.

He said he looked down and saw Mr McLaughlin performing an alleged sex act on him.

“I lifted the shaft of a brush. I hit him on the head – I saw a screw driver – I know I stabbed him in the neck. I was in a frenzy,” Mitchell had told detectives.

“He (Mr McLaughlin) was screaming and trying to get off his seat.”

Mitchell said he believed the attack had lasted two minutes but he could not remember.

Cleaning agents were also found to have been used at the scene but Mitchell could not remember any attempt to clean up after him.

Garda Kenny said Mitchell didn’t remember using other implements during the attack on Mr McLaughlin apart from the screwdriver and the brush shaft.

Mr Nolan referred to a forensic report which showed DNA from Mr McLaughlin inside the underpants of Mr Mitchell.

Medical reports showed that Mr McLaughlin suffered 33 lacerations including up to 20 stab wounds. The pensioner spent two months in hospital and has been in long term care since the incident and is unable to return to independent living. He had also lost sight in one eye as a result of the wounds.

The reports also showed that Mr McLaughlin had mild to moderate cognitive impairment but doctors could not say if this was as a result of the attack.

Garda Kenny said Mr McLaughlin had also denied carrying out a sex attack on Mitchell.

When asked during garda interviews about drinking with Mr McLaughlin on a different occasion, Mitchell said he had done so and that during the previous meeting Mr McLaughlin had asked him to go to bed.

“I just laughed because I thought he was joking,” Mitchell had told gardai.

The court was told that Mitchell had 40 previous convictions, two for assault, and had been in and out of prison since he was sixteen years old.

He had a horrific upbringing, had been sexually abused, his parents had split up and he had little formal education.

He was also a heroin addict and an alcoholic and had tried to take his life on a number of occasions, the court heard.

Barrister Peter Nolan also revealed how Mitchell had been in a crash and had received €50,000 in compensation but had spent it all in less than six months on drink and drugs.

Mitchell took to the stand and apologised to his victim.

“I’m deeply sorry for the hurt and pain I caused. I’m really sorry for what I done. I’m sorry to whole community. This is not me. I’m not that person,” he said.

He said he wished to get on with his life, was now working in the prison kitchen and wanted to go to Killybegs Catering College when released from prison and work in the catering industry.

Passing sentence Judge John O’Hagan said he was looking at sentencing Mitchell to seven and a half years as the attack was at the lower end of the higher range of offences.

He said the attack on Mr McLaughlin was done in an “uncontrollable frenzy.”

He said there were a number of mitigating circumstances including Mitchell’s early plea, the fact that he had been drug and alcohol free as proven by urinary tests since January and that he was now engaging with the prison services.

Judge O’Hagan said that while it was not an excuse for the savage attack on Mr McLaughlin, he said there is strong forensic evidence to suggest something did happen of a sexual nature.

He added that Mitchell has completed a number of courses, and despite the probation services saying there is a high risk that he could reoffend, Judge O’Hagan said he believes that Mitchell does have “a genuine remorse.”

He sentenced him to six years in prison and backdated it until July 23rd last when Mitchell was taken into custody.

 

 

DEAF MAN 3 TIMES OVER LIMIT HAS DRINK-DRIVE CONVICTION OVER-TURNED

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drinkDrivingBreathtest_largeA CO DONEGAL man who is deaf has had a drunk-driving conviction overturned after claiming he didn’t understand gardai after his arrest.

Gerard Doherty, who is 42 and from Glentain Manor in Letterkenny, was banned from driving for two years when he was found guilty at Letterkenny District Court in 2014.

He was almost three times over the drink-driving limit.

However at a District Court Appeals hearing at Letterkenny Circuit Court, Mr Doherty’s barrister Peter Nolan argued that his client should have been provided with a sign language interpreter and that he didn’t understand all the garda procedures.

Garda Alan McKenna told Judge John O’Hagan that he arrested Doherty in Spackburn Drive in Letterkenny on January 14, 2012 after the motorist failed to stop.

The garda said Doherty got out of the car and tried to run off but that he had detained him.

He said he then realised Doherty was deaf, unable to speak and he wrote out on a piece of paper that he was arresting him on suspicion of drink driving and he showed the piece of paper to Doherty who nodded.

During the following hour another garda had made numerous phone calls to garda stations in Dublin and to deaf charities but they failed to locate a sign language interpreter.

Mr Doherty, who was in court, had the proceedings relayed to him by a sign language interpreter.

The court heard Garda McKenna and Garda Tom Regan used gestures and wrote notes to Mr Doherty throughout the next two hours as the case was processed and a blood sample was taken by a GP. Both gardai said they hadn’t received any training in dealing with someone with a deafness disability.

Mr Doherty had responded by writing ‘ok’ to a number of questions although Garda McKenna said he didn’t write down the caution.

Garda McKenna said that when he was giving Doherty the option of a giving a blood or urine sample he had pointed to two boxes – one marked B and one marked U.

Barrister Peter Nolan said however that his client did not understand most of what was going on.

“Mr Doherty’s first language is sign language. He is basically illiterate in English and he did not and could not understand what was happening,” he said.

He said his client had not been clear as to whether he was offered the services of a solicitor.

The court heard Doherty, a delivery driver, had written down a response where he said he didn’t understand a question.

Judge John O’Hagan said that while he believed the arrest was valid there was a “puff of smoke” over the case.

He said it was clear gardai had tried their very best to get a sign language interpreter and when they hadn’t they had tried their best to deal with Mr Doherty.

He said citizens using Letterkenny Garda Station were met with signs offering them a service in Irish but not one offering sign language facilities.

The judge said that despite going to great lengths to get across the information to Mr Doherty “it is clear that on occasion that he did not understand” everything that was going on.

“I feel to convict on the evidence would be dangerous,” said the judge.

“I have a suspicion about the case but a suspicion is not good enough.”

 

FAMILY OF MAN KILLED IN DRINK-DRIVE CRASH AWARDED €16K

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Letterkenny Courthouse.THE family of a man killed by a drink driver have been awarded €16K in a court settlement approved by the Circuit Court.

Stephen McElwaine was just 34 when he died in hospital two days after the crash at Ballynaglack, Stranorlar, on June 16, 2012.

Barry McFadden later pleaded guilty to five different charges which resulted in the death of Mr McElwaine.

In November 2013 McFadden (34), from Drumkeen,  admitted causing death by dangerous driving, drink-driving, driving whilst disqualified and driving without insurance when his white work van left the road.

Judge John O’Hagan jailed McFadden for four years for causing death by dangerous driving, suspending the last year of the sentence.

McFadden was also given two concurrent six month jail terms for drink-driving and driving whilst disqualified and banned him for driving for ten years.

This month’s sitting of the Circuit Court heard Peter Nolan, barrister for the McElwaine family, detail how McFadden’s car was uninsured and a settlement had been offered by Motor Insurers Bureau of Ireland (MIBI) – the organisation which deals with uninsured traffic incidents.

Mr Nolan told the same judge – Judge O’Hagan – that the bureau and the Personal Injuries Assessment Board had made the low offer on the grounds that Mr McElwaine hadn’t been wearing a seatbelt and had known McFadden had been drinking.

The barrister said Mr McElwaine was unmarried but was he father of two children, now aged 17 and 11, from different relationships.

Mr McElwaine’s sister Tracey was asked by the judge to take the stand and asked what should be done with the money.

She said the family had met, had expressed no view on the matter other than to agree that the judge should decide what should be done with the overall award of €25,394.

“It’s up to you judge,” she said, “the family are happy with whatever you decide.”

The judge said €8,497 should be paid to funeral directors and stonemasons in respect of the funeral.

The judge ordered that Mr McElwaine’s parents and siblings should receive €1,666.66 each and that his sons should receive €3,301.50 each.

Judge O’Hagan remarked that the case was “extremely sad” and expressed the hope the family could move on after the tragedy.

 


ALLEGED DONEGAL DRINK DRIVERS WILL FACE PROSECUTION AFTER IRISH LANGUAGE RULING

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drinkDrivingBreathtest_largeDOZENS of alleged Donegal drink drivers who have had cases dismissed or held up will now face prosecution after a Court of Appeal ruling today.

Lawyers had claimed the failure to provide statements in Irish and English was illegal.

The District Court in Dublin involving a case there agreed as did the High Court.

However three judges at the Court of Appeal today sided with the Director of Public Prosecutions.

In south Donegal Judge Kevin Kilraine has dismissed a number of cases but gave the state liberty to re-enter cases.

In the rest of the county District Judge Paul Kelly has adjourned cases pending the outcome of the Court of Appeal ruling.

In all around 1,400 cases across Ireland have been awaiting the outcome of today’s ruling.

The test case centred on Mihai Avadenei, (29), from 60 Lioscianan, Swords, Co Dublin, who had his legal argument supported by District Court Judge Conal Gibbons.

Mr Avadenei was stopped at 12.50am on April 21 last year at Wolf Tone Quay in Dublin by Garda Francis McMahon who alleged the motorist had been driving at 80kmh in a 50kmh zone.

Suspecting Mr Avandenei of drinki-driving Gda McMahon arrested him and took him to Store Street Garda Station.

Case records show that although the Romanian national had a good command of the English language an interpreter was provided.

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

Gda McCluskey and the accused driver both signed the computer print-out.

Mr Avandenei was charged with drink-driving and released on bail.

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

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

He submitted that the rules providing for the form of such statements required them to be both in the English and Irish languages.

Therefore he argued that the document was not a duly completed statement and not admissible in evidence.

Today Mr Justice Edwards overturned the High Court ruling, meaning cases can now go ahead in the district courts.

 

TWO AND HALF YEARS IN PRISON FOR DRUNK DRIVER WHO KILLED ‘DONEGAL PATSY’

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Patsy pictured with his son Padraig

Victim Patsy pictured with his son Padraig

A CO Tyrone who was two-and-a-half times the legal drink drive limit when he killed popular Donegal GAA fan Patsy McCroary in a head-on collison was today sentenced to two and half years in prison and banned from driving for six years.

Judge Paul Ramsey QC told 50-year-old Paul Nicholl that his history of alcohol abuse, which plagued him all his life, had led him to the ultimate horror of being responsible for and causing the death of another human being.

The Omagh Crown Court judge said while he could accept Nicholl’s early guilty plea, his remorse, lack of criminal driving record and the fact he himself was injured, he could not “overlook the very high reading” of his alcohol level.

Nicholl, of Carnkenny Road, Newtownstewart, had pleaded guilty to causing the death of the 62-year-old avid GAA fan, known affectionately as ‘Donegal Patsy’, by careless driving with excess alcohol and causing grievous bodily injury to his wife and children.

Judge Ramsey in outlining the steps governing sentence said that the leading case from the Court of Appeal, “sadly …. emanates from this very jurisdiction, so the people of Co Tyrone are no strangers to the scourge of death on our roads.

“The McCroary family,” he added, “are not the first, nor sadily will they be the last as we have had poignant reminders in recent times of the devastion such offences case”.

Judge Ramsey said he had been given”eloquent, moving and heart rendering” victim impact reports from the family which spoke volumes of Mr McCroary both as a husband and father.

His wife Geraldine said she still missed him, “as do the children…our lives have not been the same”, while his son Padraig commented that, “I was his only son and miss him so much”.

The court had heard Nicholl lost control of his Suzuki car after hitting a kerb and careering into a car carrying Mr McCroary, his wife and two children in January 2014.

Originally from Upper Art, Castlefin, he had been living in Castlederg and just days before the horror smash, was hailed as “Donegal’s number one supporter” during the Dr McKenna Cup game between Donegal and Tyrone in Letterkenny.

Simon Reid, prosecuting, told the court that on the morning of January 8, 2014, Mr McCroary was a front seat passenger in a blue Toyota Avensis car being driven by his son Padraig. His wife Geraldine and their daughter Samanatha were rear seat passengers.

He said they were travelling at 40 mph towards Strabane on the Mellmount Road between Sion Mills and Victoria Bridge when the collision happened.

“As their car approached a left hand bend, Padraig McCroary saw a vehicle coming towards them. It had crossed into their lane,” said Mr Reid.

“He realised that there was nothing he could do at that point. He was knocked out by the collision and the next thing he realised was people coming to assist him.”

A female witness described seeing Nicholl trying to “correct his steering but strayed into the opposite lane, veering across the road and into the oncoming traffic, colliding with the McCroary car.”

Police later reported smelling drink on Nicholl’s breath and also noticed that there was a 12 pack of beer in the car and one of them had spilled as a result of the accident.

A blood sample taken from Nicholl revealed a reading of 204 milligrammes of alcohol to 100 millilitres of blood …. two and a half times the legal limit.

Nicholl later told police during interview he had gone to a bar that morning to have a couple of pints and while on his way back home stopped off a shop and bought a 12 pack of beer and some sausage rolls, “but had no recollection after that”.

The court also heard that although taken to the accident and emergency department at Altnagelvin Hospital in L’Derry for treatement, Mr McCroary, “sadly, despite the efforts to save his life, he didn’t recover from his injuries.”

His son Padraig sustained a fracture to the sternum, seven broken ribs and three bone fractures to his foot, while his mum Geraldine, had multiple spine fractures, a broken pelvis, rib fractures, a fracture to her lower left leg. She also “had to be treated by the trauma team” at Altnagelvin.

Her daughter Samantha had to be “put into an induced coma and had to be put on a life support machine” after sustaining a fracture to her skull, fractures to her eye socket and nose along with a contusion to her lung.

Defence lawyer Ivor McAteer said Nicholl had a long history of dealing with his “alcohol demons” and was “deeply rmorseful” for causing the death of Patsy McCroary and seriously injuring his wife and two children.

“He does not row back from his culpability and there is no trying to deflect or diluting the pain and hurt felt by the family of Mr McCroary.

“It is a heartfelt approach by him and I was specifically requested to say that.”

Nicholl will serve two and a half years in prison, followed by two and a half years on licence.

M & M News Services

 

FAMILY OF ‘DONEGAL PATSY’ MCCROARY SAY SENTENCE FOR DRINK DRIVE KILLER ‘A REAL INSULT’

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Patsy pictured with his son Padraig

Patsy pictured with his son Padraig

THE devastated family of Donegal GAA fan Patsy McCroary say the five year sentence handed down to the drunk-driver who killed their father was “too lenient”.

Paul Nicholl, 50, of Carnkenny Road, Newtownstewart, was two and a half times the drink drive limit when the Suzuki car he was driving careered into a car carrying Mr McCroary and his family.

He had just come from a pub after downing two pints of beer and stopping at a shop to buy 12 tins of beer.

The court heard he had been drinking the night before and had taken a diazepam tablet that morning before getting into his car.

Nicholl was jailed on Tuesday at Omagh Crown Court for two-and-a half-years and will serve a further two-and-a-half years on licence on his release.

He has been banned from driving for six years.

Patsy McCroary was affectionately known as ‘Donegal Patsy’ as he was a huge Donegal GAA fan.

He was originally from Upper Art, Castlefin but was living with his family in Castlederg, Co Tyrone.

In a statement, the heartbroken McCroary family called the sentence a “real insult”.

“We feel as a family we have been really let down by the justice system,” the statement said.

It added: “We feel the justice system in regards to drink driving has not just failed our family but failed many families in recent times and will continue to do so until the law changes.

“So how can he take my Dad’s life but have his own back after two-and-a-half years? Where is the justice in this?”

The crash happened near Sion Mills, when Mr McCroary, 62, was travelling towards Strabane with his wife, son and daughter.

The rest of the family- his wife Geraldine, son Padraig and daughter Samanatha – were badly injured, but survived the crash.

Samantha had to be put into an induced coma after suffering a fractured skull.

Nicholl was two-and-a-half-times over the drink-drive limit when he caused the crash in January 2014.

The family statement concluded: “As every day goes by we miss Daddy more and more.

“Paul Nicholl has caused a lot of pain and heartache to our family.

“By his selfish act of drink-driving he has torn our family apart as all dad lived for was his family and GAA.”

‘DONEGAL STAG PARTY GROUP IN €8.4M LOTTERY TICKET LEGAL ROW’

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Eva Marie Stewart, Ahmed Stewart and baby Theodore Stewart, Matt Lyons and Alan Lyons celebrating after selling the winning ticket in March

Eva Marie Stewart, Ahmed Stewart and baby Theodore Stewart, Matt Lyons and Alan Lyons celebrating after selling the winning ticket in March

A STAG party of 14 from County Donegal on a weekend away in Sligo won €8.4M, it is being reported today.

However the National Lottery has refused to pay out on the jackpot. It’s understood lawyers are now involved in trying to resolve the dispute.

The money was won on March 5 after a €20 bet placed at Matt Lyons XL shop in Sligo Town.

The Lottery confirmed that “the ticket holder” came forward on March 30, but say they still haven’t handed over the money.

The prize must be settled by May 30.

The Irish Daily Star reports the 14-strong group decided to buy a Lotto ticket while on the boozy weekend away.

The huge €8,244,502 prize, if shared equally between them, would net each of them a cool €588,893.

“There was a group of 14 who came down from Donegal,” a source told the paper.

“They were only in Sligo for the weekend and they bought the ticket while they were here.

“The whole town has been talking about it and we can’t wait to see if they will come back here again.”

The Lotto said in a statement: “The National Lottery never comments on the specifics of the claims procedure to protect both the privacy of the claimant and the security of the National Lottery’s claims process.

“As is standard practice, any claimant has 90 days in which to claim their prize and we are continuing to engage with the ticketholder.

“In line with our normal policy, we will not be issuing further comment until the prize has been collected.”

Matt Lyons, the man who sold the winning ticket, said: “It’s really unusual for a prize not to be paid out by this stage. I hope it is all sorted out.”

 

€1.1MILLION FOR EX-GARDA STABBED IN VICIOUS ATTACK

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GardaA FORMER garda stabbed by a thug while on duty has been awarded more than €1.1Million in court.

Daryl Mullen, who is 38 and lives in Letterkenny, was repeatedly stabbed while working as a member of the Garda Drugs Unit in Westport, Co Mayo, in August 2009.

The court heard he suffered horrific internal injuries, contracted the MRSA superbug while being treated and never fully recovered.

The court heard he had moved to Donegal after the man who attacked him was released from prison.

He had tried to return to light duties with gardai but he wasn’t fit to continue and continues to suffer horrendously from the attack.

Mr Justice Bernard Barton, said he was awarding Mr Mullen €1,093,179. He told Eoin McCullough SC, who appeared with barrister Pat Purcell for Mullen, he was awarding €400,000 general damages, €300,000 special damages, and €348,179 for loss of earnings, pension and gratuity.

 

MAN WHO USED FAKE NOTES TO CON BUSINESSES ORDERED TO PAY COMPO

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The Judge approved the settlementA man has been fined and ordered to pay compensation after he admitted using counterfeit notes in a number of businesses in Buncrana last year.

Father-of-six John Mongan, 41, of 5 Foxhill Close, Enniskillen, Co. Fermanagh was charged with ‘passing’ or using counterfeit currency [notes or coins] at Cards N Candies, Munchies, Supervalu on the Cockhill Road, and the Lily Rose Café – all of which are at Main Street, Buncrana – on September 23, 2015.

Mongan is also charged with being in ‘custody or control’ of the counterfeit currency in the four local businesses and a further charge of being in control of it at the Stone Jug, Buncrana.

Appearing before Buncrana District Court in handcuffs last Thursday, Mongan pleaded guilty to all the charges before him.

The court heard that Mongan, was currently on remand in Castlerea prison for a similar offence in Cavan.

Inspector Denis Joyce told the court that Gardaí received a complaint from the Lily Rose Café that a man had attempted to pass them a counterfeit £50 sterling note on the afternoon of September 23, last.

They then obversed Mongan trying to use another fake £50 note at Munchies sweet shop on Buncrana’s Main Street. Following Mongan’s arrest Gardaí searched his car, which was parked at the Stone Jug and found four more £50 notes in his possession.

The court heard that Mongan also attempted to pass the £50 note at Cards n’ Candies and Supervalu in Buncrana.

Insp. Joyce revealed that Mongan was successful handing over the counterfeit cash at Supervalu. He said Mongan bought items and received €67.57 in change.

The Garda Inspector said Mongan admitted the offence to Gardaí and apologised for his actions.

He added that Mongan had a number of previous convictions including two for theft and entering a building with intent on June 7, last year from Buncrana Court.

Mongan’s defence barrister told the court that his client committed the crime ‘out of financial desperation’.

He said Mongan is a 41-year-old married man with six children, one of which has autism and ADHD, whom he cares for along with his wife. He said Mongan, who suffers from bi-polar condition, was unemployed and ‘always in receipt of benefits’. The defence barrister said Mongan obtained the notes ‘knowing they were fake’ and attempted to pass them in Buncrana.

“He accepts what he has done but it was out of financial desperation,” said the Barrister.

“It was a stupid act and I know it’s no defence but things are extremely tight. He had a desire to provide for his family – it was nothing to do with greed.

“He apologises to the gardaí, the court and the shops involved for the inconvenience, in particular Supervalu for their loss.”

The barrister revealed that Mongan had been handed a two year suspended sentence for similar offences in February, but that sentence was not to activated by the court as the Buncrana matters ‘pre-dated’ that.

Judge Paul Kelly said it was unacceptable that Mongan was ‘wandering around Buncrana trying to get someone to take the fake notes’.

He said Supervalu had to be compensated for their loss. He noted that there was €300 cash bail on file for Mongan so he fined the Northern Ireland man €233 and ordered a compensation order of €67 towards Supervalu, both were payable forthwith.

DONEGAL LANDLORD CONVICTED AND FINED FOR FAILING TO REGISTER TENANT

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The Judge approved the settlementA Donegal landlord has received a criminal conviction for failing to register her tenancy.

The Residential Tenancies Board (RTB) has secured criminal convictions against two landlords who failed to register their tenancies, despite receiving a number of statutory notices and warning letters instructing them to do so.

In the first case proceedings were taken against Eileen Maguire of Ballydevitt, Donegal Town, Donegal, for failing to register a tenancy at Ballydevitt, Donegal.

The case was heard by Judge John O’Neill on April 4th, 2016.

The Irish Times reports that Ms Maguire was sent two notices ordering her to comply with the legislation but failed to register the tenancy.

The RTB’s solicitors, sent two further warning letters prior to the initiation of proceedings, offering Ms Maguire further opportunities to register the tenancy, which was not availed of.

Mr O’Neill convicted Ms Maguire of an offence under Section 144(3) of the Residential Tenancies Act 2004 and imposed a fine of €1,000.

Mr O’Neill made an order for costs against Ms Maguire in favour of the RTB in the amount of €2,500. The tenancy was registered at the time of the court hearing.


JUDGE REJECTS CLAIMS BY BUS DRIVER THAT BREAKING SPEED LIMIT SAVED CHILDREN’S LIVES

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Judge Kelly rejected Mr Doherty's claims that he was forced to speed to protect his young passengers.

Judge Kelly rejected Mr Doherty’s claims that he was forced to speed to protect his young passengers.

A Donegal bus driver, who claimed his speeding actions saved the lives of children, was fined €100 after he was found guilty.

Denis Doherty, from 8 Gaddyduff, Clonmany, was charged with speeding at Tullyarvan, Buncrana on March 27, last year, when he appeared before Buncrana District Court in April.

The Court heard that Garda Colm Mooney was operating a speed checkpoint that morning when he detected a bus, with 46 school children on board, travelling at 69kph in the 50km zone at 9.05am.

59-year-old Mr. Doherty denied the offence saying he forced into breaking the speed limit to ensure that children, either in his bus or in the cars behind him were not injured.

He told the court last month that he overtook a slow moving tractor that morning but when he did a number of other cars behind him followed suit. He said had he not sped up there would not have been enough space for the rest of the cars to get in behind him.

The experienced Clonmany bus driver claimed there ‘could have been a pile up’ if hadn’t taken the action he did.

Defence solicitor Ray Lannon said his client took ‘fair, reasonable and necessary action’ to prevent a ‘clear threat of tragedy’.

However after taking time to review the case and study case law which was handed in by Mr. Lannon, Judge Paul Kelly found that Mr. Doherty ‘had a case to meet’.

Speaking in Buncrana Court, Judge Kelly he could not conceed that Mr. Dohery had no other choice but to break the speed limit on the day.

He said, as Inspector Michael Harrison pointed on in court last month, there were several actions Mr. Doherty could have take to avoid an accident that didn’t involve breaking the speed limit.

“For this defence to success there much be nothing else that could have been done to avoid a accident but increase your speed, but as Insp. Harrison pointed out on the last occasion Mr. Doherty could have maintained his 50km per hour speed and let the cars behind deal with their own situation.

“Or he could have pulled into the Side to let them pass or the van coming in the opposite direction could have taken evasive action… Therefore I am not convinced that Mr. Doherty had no other choice on the day,” added Judge Kelly.

He praised Mr. Lannon for his ‘eloquent and strenuous’ defence of the case, but he said he was rejecting the defence application.

“There was a number of things that could have happened that day and I believe Mr. Doherty misjudged his actions.”

Judge Kelly fined the Clonmany man €100 for speeding.

DONEGAL MAN ARRESTED FOR HUGE CANNABIS HAUL MUST REMAIN IN CUSTODY

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Some of the massive drugs haul found by the PSNI for which Boyce was connected to.Pic courtesy of PSNI.

Some of the massive drugs haul found by the PSNI for which Boyce was connected to.Pic courtesy of PSNI.

A Co Donegal bread delivery driver facing charges over a €380,000 herbal cannabis seizure in Northern Ireland must remain in custody, a High Court judge ruled today.

Séamus Boyce, from Letterkenny, was refused bail amid claims he held a trusted position in a cross-Border crime gang importing the drugs recovered from his van in Lurgan, Co Armagh.

The 36-year-old was one of three men arrested last month as part of a joint PSNI-Garda investigation.

Mr Boyce, of Glenwood Park, Letterkenny, is charged with possessing Class B drugs with intent to supply and being concerned in the supply of drugs.

He has claimed unidentified men threatened him into putting the consignment in his van.

The Irish Times reports that prosecutors said officers monitored three vehicles at locations in Newry and then Lurgan on April 22nd.

CCTV footage also depicts some of the suspects’ movements before police swooped at Derrymacash Road.

Fifteen 1kg bags of herbal cannabis, with a combined street value of up to £300,000 were found during a search of Boyce’s van, the court heard.
‘Trusted position’

A Crown lawyer said that after being detained he told police: “Why did I get caught up in this. The party’s over now.”

She added that he claimed to have been approached and threatened by unnamed men while carrying out his delivery duties in Donegal, but declined to give detectives more details.

Opposing bail, the lawyer said: “There’s been a substantial loss to this organised crime gang and he was in a trusted position.”

Citing further concerns for Mr Boyce’s personal safety, she also revealed that shots were fired at the Co Donegal home of a co-accused last month.

Defence counsel Barry McKenna argued there is no evidence that his client has trappings of wealth or leads a criminal lifestyle.

He also confirmed that a family friend was prepared to put up a €10,000 surety to secure Mr Boyce’s release.

But denying bail, Mr Justice Horner held that release conditions could not be properly monitored on someone living outside the jurisdiction.

He added: “This was obviously a well-planned operation and police believe the applicant was a member of a gang involved in the importation of drugs into Northern Ireland.”

SIX DONEGAL BROTHERS APPEAR IN COURT AFTER ROW AT FUNERAL

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The Judge approved the settlementSix Donegal brothers have appeared in court following incidents at a funeral in Co Mayo yesterday.

The McDonagh brothers, varying in ages from late 20s to early 30s, appeared before Judge Mary Devins at Castlebar Distinct Court today.

The men, from a halting site at the Big Isle, Manorcunningham were remanded on bail to appear back in Castlebar District Court on July 19 with the possibility of facing further charges.

The six were given bail under a number of conditions, which included a cash lodgement of €500 each to be made in court.

Michael McDonagh, Thomas McDonagh, Owen McDonagh, Johnny McDonagh, Patrick McDonagh and Martin McDonagh were charged with Section 3 assaults and each surrendered their passport and agreed to abide by a daily curfew from 10 p.m. to 8 a.m., and to sign on at Letterkenny Garda Station on Mondays, Wednesdays and Saturdays.

It was also a condition of their bail that they provide a mobile telephone number and stay out of counties Mayo and Clare unless they have a court appearance or need to consult with their solicitors.

The Connaught Telegraph reports that each of the defendants, who were arrested yesterday and remanded in custody overnight, also gave an undertaking not to contact any witnesses that may be involved in the case.

Inspector Tom Calvey, who laid down the bail conditions, said more charges are likely to be preferred against the defendants, all of whom had their applications for free legal aid deferred.

MAN BANNED FROM DONEGAL UNTIL SENTENCING FOR HARASSING DOCTOR AND FAMILY

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John McGrotty leaving Letterkenny courthouse after being barred from Donegal until his next appearance in June. (North West Newspix)

John McGrotty leaving Letterkenny courthouse after being barred from Donegal until his next appearance in June. (North West Newspix)

A deaf man has been ordered to stay out of Co Donegal until he is sentenced for harassing a doctor and his family.

John McGrotty, 65, appeared before Falcarragh District Court yesterday just days after a Judge told him to stay away from Dr Dara McEniff, his wife Eimear and their children.

The court had heard how McGrotty had subjected the family from Dungloe to a five year reign of terror.

As well as standing in his front lawn naked, McGrotty is accused of throwing rusty nails onto the McEniff’s driveway, using a hose to spray their cars with water, using obscene finger gestures to the couple’s children and shouting obscenities at them.

McGrotty, of St Peter’s Terrace, Chapel Road, Dungloe, had pleaded guilty to harassing the couple when he appeared at Dungloe District Court on Wednesday last.

The court heard Mrs McEniff at one stage saw stalker John McGrotty standing naked in his front room as she had to pass his house going to and from her own.

The family’s baby-sitter Anne O’Donnell also saw him naked in his front room.

Garda Dermot Gallen told Judge Paul Kelly he could not say why McGrotty, of St Peter’s Terrace, Chapel Road, Dungloe, was stalking the family.

Dr Dara McEniff and wife Eimear leaving Letterkenny courthouse. (North West Newspix)

Dr Dara McEniff and wife Eimear leaving Letterkenny courthouse. (North West Newspix)

The original charges to which McGrotty pleaded guilty there were up to 35 instances of alleged harassment still being considered by the Director of Public Prosecutions and court action could follow.

Future charges could include two of the McEniff children, an 11-year-old and a six year-old, being frightened by McGrotty when he stared at one of them and put a finger up in front of another

Dr Dara McEniff kept a log-book of incidents between July 11 and December 11, 2014 which showed that on different occasions he pointed his finger at Mrs McEniff and walked directly in front of Dr McEniff as he drove through the estate.

Judge Kelly: “This family has suffered horrendously since July 2013 almost up to last October. That is way out of the type of thing you might expect.”

He added: “It’s terrible that young children on the way to school are afraid to walk past a neighbour’s house. That is intolerable.”

McGrotty admitted harassing and stalking Dara and Eimear McEniff and their family at Pairc Naomh Anna, Chapel Rd, Dungloe, between July 7, 2014 and December 11, 2014.

He also admitted harassing and stalking Eimear McEniff at St Peter’s Terrace between August 1, 2013, and July 24, 2014.

Judge Kelly said he was anxious to ensure the harassment wouldn’t continue while he awaited a probation report and a victim impact statement.

He instructed McGrotty not to pass the McEniff children’s school when it is open.

Through an interpreter, McGrotty swore he had stopped the harassment and that all he wanted was a peaceful and calm life.

Judge Kelly then adjourned the case until September 13th and warned McGrotty that if he breached his oath he would be in contempt of court and could face a custodial sentence.

But McGrotty was brought to court again yesterday after Mrs McEniff complained that she had been harassed by the accused yet again on Friday last.

She revealed how she was driving towards her house in Dungloe when McGrotty stood in front of her in the roadway and began to shout at her with his fist clenched as a funeral cortege was passing by.

Gardai revealed how McGrotty had now regularly taken it upon himself to direct traffic at funerals even though the local priest had asked him to stop.

Mrs McEniff revealed how she was shocked to see the accused standing in the middle of the road beside her house last Friday.

” I was really shocked to see him on that road. You had instructed him to stay off the road as it is the road the children’s school is on.  He got very aggressive and was waving his arms and making all sorts of gestures.

“I pulled car in and put my head down. He walked towards the car and was ver aggressive. I put my head down and I saw him at the side of my eye. I moved off and went home. It’s about 50 metres from school playground and it was midday,” she said.

She pleaded with Judge Kelly to act on the matter as her family had been through a living nightmare for the past five years.

Judge Kelly was told that a sign language interpreter could not be made available for yesterday’s (WED) court sitting and McGrotty’s solicitor Patsy Gallagher said he needed an interpreter for his client to give evidence.

Judge Kelly said he had made a decision to order McGrotty to live outside of Donegal with his daughter in Glasnevin in Dublin.

He asked that a letter be written by the court service instructing McGrotty of his decision.

“I will remand him on bail for sentencing. I want it made clear to him that he is to leave Donegal and not to come back under any circumstances apart from a meeting with the mental health services. If he is Donegal he will be lifted and remanded in custody,” he said.

He adjourned the case until June 14th.

And he warned that if McGrotty does go anywhere near Dungloe –  “Gardai bring him back to me if he does.”

 

DOUBLE-KILLER CLAIMS HE WAS LEFT ‘TERRIFIED’ AFTER BROTHER TRIED TO RAM HIS CAR

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John Gallagher.

John Gallagher.

COURTS: A double killer said he was left ‘terrified’ after his brother allegedly attempted to ram his van – in an on-going dispute over their father’s estate.

Double-killer John Gallagher, appeared at Letterkenny District Court in relation to an incident that occurred on August 16th, 2013.

Gallagher alleged that his brother Donal Gallagher rammed his car on three occasions before fleeing the scene.

During his evidence John Gallagher told the court he thought his brother was genuinely going to kill him.

John Gallagher said, “I was heading towards my home in Strabane around 2pm, and I noticed there was road works on-going on Butcher Street.

“The traffic was backed-up and it was pretty much at a standstill, so I headed down the Main Street to avoid it, I then observed my brother’s vehicle coming.

“I stopped on the road, as there wasn’t enough room for both vehicles to pass.

“Suddenly his vehicle just lunged at mine and he hit me head on, he then reversed back as I reached for the phone to contact Gardaí.

“I rang 999, and at that point I then observed him do a three point turn on the road, I assumed at that point he was going to drive off, but he proceeded to drive into me again, he then went forward again and hit me a third time, he then drove off.

“I pulled into the side of the road, I was trembling, absolutely trembling, the guards called me at that point, and told me to drive to the station and make a statement.

“However, I was in such a state that the Garda told me that I was too distraught and in shock to make a proper statement, and requested that I come in the following day and make a statement.

“The Gardaí then came outside the station with me and observed the damage done to my car.

“It was badly damaged, structurally there was significant damage, the tow-bar on his pick-up done a significant amount of damage.

“I got an estimate that there was around €1,800 worth of damage done, and had an independent assessor from my insurance company to come and inspect the vehicle, and he concurred he was badly damaged.

“I honestly genuinely believe he wanted to kill me.”

When asked by Inspector Michael Harrison could it have been an accident, John Gallagher responded by saying, “Absolutely not, no way, no way it could’ve been an accident.”

Solicitor for the defendant Kieran Dillon cross-examined John Gallagher’s version of events, and suggested that it was he who drove the vehicle at Donal Gallagher and not the other way around.

Mr Dillon asked John Gallagher did he have any issues with his brother.

John Gallagher said, “The only issues I have my brother was the campaign of harassment he engaged in against me, he bombarded me with texts and calls, and it only stopped when I changed numbers.”

John Gallagher’s mother was present in court, and the court heard how there was a dispute between the brothers over their father’s estate.

John Gallagher added, “I love my mother dearly, she’s present with me today. she’ll make the right decision for her, I don’t know what motive Donal has, I’m not trying to influence my mother, it’s her estate, her and my father built it up, it’s up to her what she wants to do with it.”

Kieran Dillon told the court that his client Donal Gallagher said that his brother drove the vehicle and him, and that he shunted the front of his car on at least three occasions.

John Gallagher responded by saying, “No way, I think more of my vehicle than that, I’d never do that.

“I look after my cars, I would never drive them into another vehicle, I care too much for them.”

Mr Dillon then suggested that he cared more about not damaging his own car, than his brother.

John Gallagher replied, “No that’s not rue, at the end of the day, he’s still my brother, it saddens me that we’re here again today.

“I didn’t ask for any of this, he drove at me, and I was genuinely fearful for my life.”

Garda Hardiman took to the stand and said that he had no relocation of observing John Gallagher’s vehicle after he visited the station.

Garda Hardiman said, “He came into the station and he was in a very distressed and emotional state.

“He was very shook up, I told him to come in the next day and make a statement.

“I’ve no note of observing his vehicle, it may have happened, but I genuinely don’t remember.

“I attempted to make contact with Donal Gallagher to get his version of events, but he told me he wasn’t coming across to make a statement.

“However, in November, he contacted me and told me he was willing to make a statement, the next day he made it in the presence of a solicitor.”

The court also heard how Gardaí had obtained CCTV footage from a postmaster and shop-owner close to where the incident occurred.

Judge Paul Kelly viewed the CCTV footage and then made his deliberations on the incident.

Judge Paul Kelly said, “John Gallagher’s assertion of what happened is that he stopped, there was no room for two vehicles to pass at that point.

“He then says he brother then hit into him, and then performed a three-point turn and hit him again a few more times.

“However, on reviewing the footage the latter part of Mr Gallagher’s evidence didn’t happen.

“He turned his pick-up, reversed and drove off, his evidence isn’t supported by the video evidence available.

“I therefore dismiss the charges against Donal Gallagher.”

Judge Paul Kelly then pleaded with the families to let bygone’s be bygone’s and move on for everybody’s sake.

Judge Kelly added, “This is just non-stop, it’s time to move on.

Kieran Dillon added, “I’d reiterate all these things your saying as well Judge, and Garda Hardiman says that things have calmed recently.”

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