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JUDGE APPROVES BAIL SURETY FOR MURDER ACCUSED, SUBJECT TO CONDITIONS

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Samuel Clarke at a previous court sitting. Pic by Northwest Newspics.

Samuel Clarke at a previous court sitting. Pic by Northwest Newspics.

A JUDGE has agreed to a surety in a bail application from a murder suspect.

Samuel James Clarke, (52) of Magherane, Raphoe was charged in January this year with the murder of Mr Seamus Doherty, (67), in Drumnacoo near Churchill in June 2012.

He had been granted bail in the High Court subject to signing on at a garda station twice a day and that an independent surety of €30,000 be provided, €10,000 of that in cash.

Edwin Clarke, with an address at Galdonagh, Manorcunningham, and son of Mr Clarke was approved by Judge Paul Kelly at Letterkenny District Court to provide the surety.

Gardaí had objected to the application on the grounds that they believed the surety was coming, in some way, from the income of Samuel James Clarke.

Inspector Goretti Sheridan told Letterkenny District Court that almost €30,000 in an Ulster Bank account was obtained as a loan from the bank by Edwin Clarke to purchase cattle.

Judge Kelly issued an order to the Ulster Bank that the amount of money in that account should not fall below €20,000 and said bail could be granted if the bank agreed to the order.

 


WEXFORD MAN FISH-TAILED HIS SUBARU IN FRONT OF GARDA CAR

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gavel1A CO Wexford man fish-tailed his Subaru Impreza in front of a garda car during the rally weekend, Letterkenny District Court has heard.

Kenneth Murphy of Carrigure, Ferns, pleaded guilty to careless driving during what his solicitor described as a “moment of madness” on June 18.

Solicitor Kieran Dillon told Judge Paul Kelly that 27-year-old Murphy was deeply remorseful about his actions and had since put his car up for sale.

He said Murphy’s family was deeply upset at his arrest as he had no previous convictions and he needed his car for his work as a mechanic.

He said the family had suffered a personal loss in recent years and had raised more than €40,000 for the Console charity and Murphy’s behaviour was out of character for a man who contributed so much to society.

Judge Kelly said that if Murphy wanted to drive a rally car he should enter the rally and drive like that inside the controlled circumstances of the race.

He fined Murphy €500 and warned him he would lose his licence if he returned to Donegal and drove in the same way again.

 

MAN TELLS HOW HIS LIFE HAS BEEN DESTROYED AFTER BROTHER MURDERED

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The late Bogdan Michalkiewicz

The late Bogdan Michalkiewicz

A Polish man who came to Ireland to find a better life instead met a tragic death, his brother said after his killer was found guilty of murder today.

Krzystof Grzegorski (22), was found guilty of murdering fellow Polish man Bogdan Michalkiewicz (41), at the victim’s home in Westside Apartments, Letterkenny, on May 13th 2013.

He had pleaded guilty to manslaughter but the prosecution rejected the plea.
The jury came to their unanimous decision after a little over five hours.

The Irish Times reports that Bogdan’s brother Tomasz, who has sat through every day of the three-week trial, wrote a victim impact statement that was read to the court by Garda Siobhan McGowan.

It said: “My only family left is my sister and mother back in Poland. My only family in Ireland was Bogdan, who came here with me in 2005 to look for a better life than we could get in Poland, but instead of that he met a tragic death.”

He said his mother will never recover. “She is 65 years and living in Poland. She suffers from deep depression since Bogdan was killed. My mother went into shock when Bogdan died and lost the mobility in her legs.”

Tomasz also spoke of the day he found his brother’s battered body, lying in a bloody pool on the floor of his apartment in Letterkenny.

“It was the worst view I could have expected to see,” he said. “I wouldn’t wish anybody to see what I saw on that day.” He said he thinks about what happened to Bogdan every day and has not had a proper night’s sleep in three years.

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CO DERRY MAN CAUGHT IN SPEEDING CAR AT RALLY HAD 9 ECSTASY TABLETS

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drugsA COUNTY Derry man who was in a car which sped away from a Garda checkpoint was caught with drugs later, Letterkenny District Court has heard.

Cathal Deery, Millgrove Park, Eglinton, Co Derry, was a passenger in a speeding car which gardaí pursued outside Letterkenny after it failed to stop during the Donegal rally weekend.

Inspector Goretti Sheridan told the court that gardaí were on patrol near Lurgybrack when a car sped past them.

Gardaí pursued the vehicle and a short distance away the car stopped and two men were seen running off.

Deery, who is 23, was later caught and attempted to fight with gardaí.

He was caught with nine Ecstasy tablets.

He apologised to the court for his behaviour.

Deery was ordered to pay €200 to the Pieta House Donegal charity.

 

ARREST WARRANT ISSUED FOR DERRY MAN ON 173KM/HR DANGEROUS DRIVING CHARGE

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A DERRY man accused of speeding in Co Donegal during the Donegal Rally weekend has failed to appear in court.

Judge Paul Kelly issued an arrest warrant for Jonathan Meehan, from Cornwell Fields, Derry.

The 23-year-old is charged with dangerous driving at Dromore, Letterkenny, on June 16 and is accused of driving at 173km/hr in a 100km/hr zone.

Judge Kelly ordered that Meehan forfeit garda bail of €500.

 

CLLR JOHN O’DONNELL BACK IN COURT OVER MISSED PAYMENTS

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Cllr John O'Donnell as he appeared in the RTE Investigates programme.

Cllr John O’Donnell as he appeared in the RTE Investigates programme.

A SOLICITOR for Cllr John O’Donnell has claimed the re-entry of a civil case against him in Letterkenny District Court today was an attempt to embarrass him.

Cllr O’Donnell agreed on March 2 at the same court to begin making weekly payments of €100 to a woman he injured in a car accident 16 years ago.

Petra Kucklick, a German native from Mill Cottage, Rooskey, Creeslough, sued O’Donnell for an outstanding €33,000 debt from a personal injury claim. She was awarded the money in 2008 but Cllr O’Donnell had stopped making payments.

After a number of cases earlier this year Cllr O’Donnell agreed to begin payments again.

However Judge Paul Kelly was told today by Ms Kucklick’s barrister Laura O’Reilly that the independent politician from Kilmacrennan had missed the first two payments in April.

This was only settled this morning by cheque she said.

She also complained that although payments had to be made each Friday, these were not arriving in Ms Kucklick’s bank account until the following Monday.

However solicitor Kevin McElhinney, representing Cllr O’Donnell, said the re-entry of the case was an attempt to embarrass his client.

“My client has met all his commitments in full and has been complying with the order,” said the solicitor.

“This case is an attempt to further ridicule and embarrass my client.”

He also objected to an application to have payments made earlier each week.

Mr McElhinney said Cllr O’Donnell had set up a standing order each Friday as he was paid on that day each week and any delay between the money leaving his account and arriving in Ms Kucklick’s account was a matter for the banks.

He said changing payments to a Wednesday or a Thursday wouldn’t suit Cllr O’Donnell as this was before he received his wages.

Judge Kelly agreed and said he would not change the payment date.

However he awarded costs to Ms Kucklick for today’s hearing as Cllr O’Donnell had missed the first two payments, saying the politician had been in court in March and knew the dates on which payments had to begin in April.

 

MANORCUNNINGHAM PAEDOPHILE TRYING TO MANIPULATE LEGAL LOOPHOLE FOR SHORTER SENTENCE

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Brennan from Manorcunningham

Brennan

A paedophile originally from Manorcunningham wants to be deported to Ireland in order to manipulate a legal loophole that would possibly see him leaving prison early.

James Brennan (58), who is locked up in HMP Leyhill in England, was handed his prison sentence in February 2012; a mere seven months before the IPP terms were scrapped.

The IPP terms, introduced in 2005, allowed the detention of prisoners for as long as they were considered a threat to society with a possibility of re-offence.

As his sentence was handed down before the scrapping of the terms (before September 2012), the terms are still valid in Brennan’s case – allowing prison officials to keep Brennan in jail indefinitely until he can convince parole officials that he has been rehabilitated and is no longer a threat to vulnerable young women.

Brennan, who opened the Movie Star Café lap-dancing club in Belfast in 2002, had previously been jailed in 2016 for sexual grooming a minor, but upon his release in 2007 he went straight back to grooming young girls on the internet.

In 2012, Teeside Crown Court heard how Brennan posed as a Spanish model agency boss in order to lure in vulnerable, young girls online.

The court heard of how he lured a 13 year old girl to a hotel room in Durham and encouraged her to drink vodka and then attempted to have sex with her. However the girl vomited and Brennan was arrested soon after.

Last week he complained saying that as he is an Irish citizen he should be sent to an Irish prison as a “foreign national” – something he has been fighting for since 2008.

Although the North had a similar scheme to the IPP, called Interdeterminate Custodial Sentences, that too was scrapped in 2005.

The Republic of Ireland has no such terms in place to keep prisoners with a possibility of re-offending behind bars.

If he were transferred to an Irish prison, he would have a better chance of release.

Speaking to magazine ‘Inside Time’, Brennan said that ‘I have been listening to MPs and others going on about how Britain must decrease the number of foreign prisoners in her prisons… it is hard to listen to this when I and dozens, maybe hundreds, of my countrymen have been trying to get deported for years’.

He goes on to state that ‘an agreement between the Irish and English government in 2007 seems to be the barrier… the UK and Eire agreed not to deport Irish prisoners. The excuse given was that the border is too soft so any Irish person deported from the UK could come back. That argument only holds water if the deportee is forced to leave. Many Irish prisoners would never want to come back and we are happy to agree not to do so’.

The Prison Service said the release of prisoners serving IPP sentences was a matter for the Parole Board.

 

 

MONAGHAN RALLY FAN ARRESTED TWICE ON SAME DAY AT LOCAL HOTEL

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gavel1A MONAGHAN man was arrested twice on the same day after a fracas at a local hotel.

Letterkenny District Court heard how Gerard Duffy was first arrested over the rally weekend at the Clanree Hotel.

It followed a complaint from another guest staying there that 25-year-old Duffy, from Culville, Castleblaney, had broken a picture frame and left it outside her room door.

Inspector Goretti Sheridan said Duffy was arrested at the hotel for criminal damage.

He was later released on bail and several hours later gardaí were called back to the Clanree Hotel as Duffy had become aggressive with members of staff.

The court heard Duffy was deeply remorseful for his actions.

Duffy was ordered to pay €500 to Pieta House Donegal charity.

 


MOTORISTS ON DONEGAL RALLY WEEKEND CHARGES FAIL TO APPEAR IN COURT

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Judge Paul Kelly

Judge Paul Kelly

A JUDGE has issued a number of arrest warrants for motorists facing a series of charges in relation to the Donegal Rally weekend.

Judge Paul Kelly also ordered that each of the men forfeit garda station bail fees of between €300 and €500.

Arrest warrants were issued for:

  • Martin McHugh aged 24, The Mullins, Donegal Town. He is accused of threatening and abusive behaviour.
  • Marcus McCormick, aged 22, Main Street Carrowdore, Co Down, driving without insurance.
  • Gerard Mallon; aged 21, Castle Villas, Cookstown, accused of dangerous driving.
  • Sean Kelly, aged 21 from Maple Court, Lurgan, Co Armagh, accused of dangerous driving
  • Niall Duggan, aged 20 from Cloon, Claregalway, Galway, accused of dangerous driving.

TAXPAYERS’ LEFT WITH €15,000 ‘PARKING’ BILL AFTER BROTHERS FALL-OUT OVER SLURRY TANKER

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slurry tankerTAXPAYERS have been left to pay a €15,000 ‘parking’ fee after a dispute between two Co Donegal brothers over a slurry tanker.

Letterkenny District Civil Court heard how Jeffrey McKinney and his brother Brian had fallen out over the ownership of the tanker.

But when Jeffrey McKinney broke into the farmyard of Brian’s home and took the tanker a theft complaint was made to gardaí.

Detectives seized the Belmac 2100 tanker and it has been in a private compound yard since, costing gardaí €15,000 in fees.

Garda Darren Carter told the court that he responded to a report of a theft from Brian McKinney’s home at Knockbrack outside Letterkenny on April 8 last year.

Brian McKinney was away working in Scotland but his wife and brother-in-law reported that a padlock on a gate to the farmyard had been cut. He said a tractor and a car parked in front of the slurry tanker had been moved and the tanker was missing. Other pieces of equipment were also reported missing including a Honda generator and some saws.

Garda Carter said Detective Tom Kilcoyne was asked to help the investigation and the detective later stopped Jeffrey McKinney towing the slurry tanker using a New Holland tractor loaned to him by Drumkeen farmer Norman Woods.

He said Jeffrey McKinney claimed ownership of the tanker; however gardaí had been forced to seize the item while an investigation was carried out.

He said he subsequently interviewed Brian McKinney who said he had paid for the tanker and produced a receipt to prove it.

Jeffrey McKinney told Judge Paul Kelly during the court hearing into the case that he had paid half of the original €8,000 cost of the tanker. He said he had sold cattle to do so.

He also claimed his brother Brian had told him that if he settled a €3k repair bill later he could keep the slurry tanker. He also produced a hand-written letter which he claimed was signed by Brian in which the ownership was jointly agreed.

But Brian McKinney told the judge this wasn’t the case, insisting he had purchased the tanker. He said he was the rightful owner of the tanker.

He also said the hand-written letter produced in court was a forgery.

Judge Paul Kelly agreed, noting that letter produced in court was clearly a photocopy as there were no indentation marks on the paper and the punch-holes in the paper were also copied.

The judge said Jeffrey McKinney had believed it was “perfectly acceptable to take the law into his own hands” by taking the tanker in the first place.

He said Jeffrey McKinney could have gone to court to claim ownership in the first place. He said his story had “no credibility” and he ordered that the slurry tanker should be returned to Brian McKinney.

Inspector Goretti Sheridan asked that the tanker be collected from the compound where it was being kept “today if possible as it’s costing us a fortune”.

Judge Kelly asked how much storing the tanker had cost the State.

“It has already cost us €15,000 and we want rid of it as soon as possible,” added the inspector.

 

DONEGAL MAN CHARGED WITH POSSESSION OF AMMUNITION

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gavel1A Donegal man who was charged with possession of firearms and IRA membership before the Special Criminal Court in March has been additionally charged with possession of ammunition.

The Irish Independent reports that Shane Rowan (39), of Forest Park, Killygordan was today charged with the possession of 78 rounds of 9mm parabellum calibre ammunition at the same address on March 9th this year.

Detective Garda Leanne Cruise, of the Special Detective Unit, told the court that she met Mr Rowan at the court today, where she read over the charge to the accused man, before cautioning him.

Mr Rowan made no reply, she told the court.

Previously, Mr Rowan was charged with the possession of three assault rifles, including a Chinese Type 56, a Romanian PM63 and a Zastava M70, as well as three magazines suitable for use in each rifle, at Tuiterath, Balrath, Slane, County Meath on March 9th.

He was also charged with possession of 75 rounds of assorted manufactured 7.62 by 39mm calibre ammunition at the same place on the same date.

Additionally, Mr Rowan was charged with membership of an unlawful organization styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, also on the same date.

The book of evidence for all four charges was served on Mr Rowan today and the court heard that his case will be heard on July 19th.

Mr Justice Paul Butler, presiding with Judge Alison Lindsay and Judge Cormac Dunne, remanded the accused man in custody until that date.

DONEGAL MAN IN COURT IN NORTH ON DRUG DEALING CHARGES

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derrycourthouseA MAN from Donegal is awaiting trial in the North on dealing charges.

Ivan Nicholl, from the townland of Ballyhone, is facing two charges at the Crown Court in Derry.

The 28-year-old’s case was listed today for mention only.

The offences allegedly date back to last year

The charges state that:

(1) “on the 12th day of March 2015 in the County Court Division of Derry, unlawfully had in his possession a controlled drug of Class B of Schedule 2 to the Misuse of Drugs Act 1971 namely Cannabis;

(2) “on dates between the 26th February 2015 and the 13th day of March 2015 in the County Court Division of Derry was concerned in the supply of a controlled drug of Class B namely, Cannabis.”

DONEGAL PENSIONER FACING JAIL AFTER CONFESSING TO LITANY OF CHILD SEX ABUSE OFFENCES

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gavel1AN ELDERLY Donegal man is staring at prison after he pleaded guilty today to a catalogue of child sex abuse offences.

Sex beast John Callaghan faced Derry Crown Court today for an arraignment hearing on a total of 14 counts of indecent assault.

The sex attack charges relate to three female victims, who cannot be named for legal reasons to protect their identity, and happened over an eight year period.

The offences took place in the Derry area on dates between January 20, 1974 and January 14, 1982.

Callaghan, whose address on the court papers was given as Drung, Quigleys Point, Donegal, stood in the dock of court of 4 at Derry Crown Court today.

The 71-year-old replied “Guilty” to all 14 counts of indecent assault put to him on the bill of indictment by the clerk of the court.

The judge ordered the preparation of a pre-sentence report by the Probation Service.

Callaghan was released on continuing bail to return back to the same court on September 8 this year for a plea and sentence hearing.

But the defendant should not take his release on bail as an indication of what sentence he will receive on that date.

Under sentencing guidelines in the North, the paedophile will be given credit for his guilty plea at arraignment.

He will also be given credit for saving the victims the harrowing ordeal of having to give evidence in court.

And the pervert will also receive a reduction in his sentence for saving the court time and money of a week long trial.

Callaghan will now be the subject of notification period after signing the sex offenders register.

How long he will spend on the sex offenders register will depend on what sentence the court hands down in two months time.

Investigating officers from the Police Service of Northern Ireland (PSNI) will also be seeking a Sexual Offenders Prevention Order against Callaghan.

He could be placed on the barred list of working with children and also vulnerable adults.

Callaghan will also have to notify police of his address or any change of address.

TV LICENCE INSPECTORS START WEEKEND HOME VISITS IN DONEGAL AS ONE IN FIVE HOMES DODGE FEE

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TV inspectorTV licence inspectors are to begin weekend visits to Donegal homes suspected of dodging the annual fee from tomorrow.

The new crackdown will see homes checked on Saturdays and Sundays for the first time after new figures showed 18.3% of homes in the county do not have a TV licence.

Kilkenny is the worst county in Ireland for dodging the fee at 25% of homes, while in Tipp just 5% don’t pay, the lowest.

However County Donegal is among the top six counties when it comes to evading the mandatory licence fee.

 

The TV licence costs €160 and the number of licenses sold has been steadily declining in recent years representing an annual loss of €40 million.

 

 

In 2014, more than 20,000 summonses were issued with just under 14,000 being brought to court.

Communications Minister Denis Naughteen said: “We’re three times higher than the the level in the United Kingdom and in Germany, when it comes to evasion.

“We have had independent consultants look at the existing database in the context of the local property tax register, the electricity meter register and to look at other ways of identifying people who may be evading the television licence fee.”

Weekend checks at homes in Donegal start from tomorrow.

Evening visits are expected to start from next month.

 

CAVAN RALLY FAN FISH-TAILED HIS CAR ON ROAD AFTER LEAVING DIFFING COMPETITION

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gavel1A JUDGE has described a rally fan from Co Cavan as “a bit of a slow learner” after he admitted fish-tailing his car in front of gardaí as he drove towards pedestrians.

Martin McEntee, who is 23 and from Drumhaldry, Moyle, Co Cavan, admitted a charge of careless driving on June 19 at Bonagee, Letterkenny.

Letterkenny District Court heard McEntee had just pulled out of a Diffing competition at Tinney’s Yard and onto the road when gardaí were passing by.

Inspector Goretti Sheridan said the motor mechanic was heading towards pedestrians on the road at the time.

The court heard he had a previous conviction in Monaghan for dangerous driving may 19th 2014.

Judge Kelly asked McEntee why he had been driving in that way just over two years after a conviction for dangerous driving.

McEntee apologised as the judge described him as “a bit of a slow learner” when it came to road safety.

The judge said McEntee would lose his licence if he came before the courts again and he would probably lose his job as a mechanic as a result.

McEntee was fined €500.

 

 


MAN WHO OWES CREDIT UNION €17K FOR CAR LOAN ORDERED TO PAY €20 A WEEK

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gavel1A MAN who owes a Co Donegal credit union more than €17,000 for an unpaid car loan has been ordered to pay it back – at a rate of €20 per week.

Christopher Toye, from 5 Moyle Road in Milford, wasn’t in Letterkenny District Civil Court for the hearing.

Patsy Gallagher, solicitor for Mulroy Credit Union, told Judge Paul Kelly that Mr Toye owed a total of €17,253.

He said the money was originally loaned for the purchase of a car.

A statement of means was provided to the court.

Judge Kelly approved a repayment scheme based on Mr Toye’s means of €20 per week.

The judgement means Mr Toye will have to make 862 weekly payments to clear the loan – taking 16 and a half years.

 

CHILDCARE WORKER ‘SCAPE-GOATED’ OVER TODDLER INCIDENT WINS TRIBUNAL CASE

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Laura won her case

Laura won her case

A DONEGAL CHILDCARE claimed she had been scape-goated and ‘wrongly blamed’ for leaving an 18-month old toddler unsupervised outside a creche for 10 minutes has won her Employment Appeals Tribunal.

Laura Johnston was the only qualified creche assistant on duty in the playground of Letterkenny Community Playgroup Limited when confusion led to the boy being left outside after playtime on March 22, 2011.

A tribunal heard that on the day of the incident an unqualified student was with her looking after 12 children aged between 18 months and three.

She had been organising the children into a queue to return inside when she had to leave the queue to bring another child over. She noticed the door to the premises was open and the children had already gone inside and she was unable to do a headcount.

Another boy had been left outside before he was noticed missing ten minutes later.

Ms Johnston was suspended from her post the next day before being dismissed from her position after being found guilty of gross misconduct.

After an internal appeal she was reinstated to her job but a decision of “serious misconduct” was kept on her record and she was given a final written warning which she refused to accept.

The case heard that on her return to work she was told by creche manager Geraldine Burke that the mother of the toddler did not want Ms Johnston near her child again and she was assigned other duties.

She objected to the findings of the creche appeal panel, left her job and was later declared unfit for work by the Department of Social Protection.

In its ruling the Employment Appeals Tribunal found in favour of Ms Johnston.

The tribunal referred to a HSE expert on the case and noted: “The witness stated the 12 children and 1 adult (the claimant) present in the yard on the day in question was against the Regulations.

“A student present in the yard, although with level 7 training, was employed as a student and therefore did not count as an experienced adult to assist the claimant supervising the 12 children on the day in question. The student herself had to be supervised; she was there to observe and ask questions.”

In a majority finding, the tribunal panel said: “The majority find that the procedures that led to the original decision to dismissal were unfair. These are as follows:

“1. Child (B), who was relied upon by the Claimant, during the investigation, as a reason for her distraction, was believed, by the Respondent, not to have been in the room at the time of the incident. However, this belief, which supported their view that the Claimant was not being entirely honest during the investigation process, was never conveyed to the claimant during the investigative process.

“2. The Claimant was advised that some things would be discounted from the findings, namely that she tried to cover up the incident. However these were not discounted.

“3. No other staff member was scrutinised or investigated, this led the claimant to believe she was scapegoated. This belief is not without basis considering there were a number of staff directly involved in the events of that day.”

The finding ruled: “As a result of the design of the room and the staff present being inside the room, they could not get a full view of the children outside. The staff needed to be outside and not inside, to mind the children when the children were outside. There were insufficient staff numbers present at the material time to ensure that the children came back inside safely.

“The staff on duty and where they were located should have taken account of distractions that could arise, e.g., a child being upset or un-cooperative, which did in fact occur, and which distracted the claimant from doing the head count properly.”

It added: “The claimant was not solely guilty for a child being left outside, therefore the decision to dismiss was unfair.”

 

DRINK-DRIVER ADMITS INJURING GARDA IN HIT AND RUN

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Garda NEWA MAN has admitted a series of offences in which a local garda was injured during a dangerous drink-drive incident.

Paul McGillian, from Ard Caoin in Manorcunningham, pleaded guilty when he appeared at Letterkenny Circuit Court.

The 31-year-old admitted causing injury to Garda Michael Kilcoyne on July 25, 2015 at Larkin’s Lane in Letterkenny.

He also pleaded guilty to dangerous driving, drink-driving and failing to have insurance on his northern-registered car.

McGillian also admitted failing to have a valid driving license.

It emerged in court that McGillian has already been banned from driving.

Judge John O’Hagan asked barrister for the DPP Patricia McLaughlin if she wished a drive ban to begin yesterday as McGillian had pleaded guilty.

Ms McLaughlin said McGillian was already banned from driving.

Judge O’Hagan told Ms McLaughlin that Garda Kilcoyne, who suffered a leg injury in the incident, should be invited to make a victim impact statement and he should also be given the opportunity of giving evidence at a sentencing hearing in October.

McGillian was released on bail until the sentencing hearing in the autumn.

 

ARREST WARRANTS ISSUED FOR 3 MEN ON AGGRAVATED BURGLARY CHARGES

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gavel1A JUDGE has issued arrest warrants for three men facing aggravated burglary charges who failed to appear in court.

Legal representatives of all three men told Judge John O’Hagan that the men were not in court and attempts to reach them had failed.

Martin McDonagh, who is 21 and with an address at 52 The Green, Ballymacool, Letterkenny, William McDonagh, who is 47 and also of 52 The Green, Ballymacool, Letterkenny and Thomas McDonagh of Meadowbank Park, Letterkenny, had been due to appear before Letterkenny Circuit Court.

The each faced a dozen charges relating to an incident at a house in Killyclug, Letterkenny, on May 2, 2014.

The charges include aggravated burglary and going equipped to carry out a burglary.

Judge O’Hagan issued warrants for the arrest of all three men.

 

JURY TOLD HOW HEART-BROKEN PARENTS TRIED TO SAVE SON IN TRAGIC ROAD INCIDENT

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The late Callum Dale.

The late Callum Dale.

A heartbroken mother has told how she desperately waved her hands in a bid to stop a car hitting her young son seconds before he was killed.

Callum Dale, who had Asperger’s Syndrome, died after he had left his home and was later hit by an oncoming car.

Thirteen year old Callum died after he was hit by the vehicle being driven by Rachel Fullerton on the outskirts of Buncrana, in March, 2014.

Ms Fullerton, 35, has gone on trial at Letterkenny Circuit Court charged with careless driving causing the death of the boy.

During a very emotional case, the dead boy’s mother relived the last moments of her son’s life.

Ms Deirdre Dale told how her son was a very smart boy and was “probably smarter than you”, as she pointed to presiding Judge John O’Hagan.

However, due to his illness, he was prone to having “eruptions” which would see him lose his temper.

The court heard Callum suffered one of these eruptions on the night he was killed on March 13th.

Callum and his dad Peter had a disagreement and the schoolboy stormed out of his home at 10 Riverdale Park, Buncrana.

The dead boy’s mother Deirdre told how she sometimes drove her son around the town in a bid to calm him down.

But instead of getting into the family’s car that night, he walked up the road and was carrying a poker.

She spent 45 minutes trying to reason with him and calm him down before tragedy struck.

Both were wearing dark clothing and it was dark outside, the court heard.

Mrs Callum revealed how her son had moved onto the road and she desperately tried to wave down the oncoming Volkswagen Meriva car being driven by Ms Fullerton close to Cockhill chapel.

Mrs Callum said she could not recall if her son was sitting or lying down on the road before he was struck by the car.

“I heard him say I’m going to sit on the road. I don’t know if he sat down or not. I stood in the road doing that (gesturing her hands to stop) but the car just kept coming. To me there was no brakes and it didn’t slow down and I jumped out of the way. I just heard a bang,” she said.

Barrister for the State, Ms Patricia McLaughlin, said that subsequent investigations after the incident had shown that the accused woman had not been drinking, had not been using her mobile phone and was not speeding before the accident.

The accused woman, Ms Fullerton, of Meentahalla, Illies, Buncrana, sat in the public gallery and became emotional throughout the evidence.

The dead boy’s father Peter told the court how himself and his wife had tried their best to cope with Callum’s condition since he was diagnosed with Asperger’s Syndrome when he was eight years old.

He told how they had been advised by the health authorities to remove all knives and other objects out of reach of Callum due to his ‘eruptions’ of anger.

He said his son suffered ‘eruptions’ but stressed that he was very apologetic and contrite after the incidents.

He said that his son had threatened to take his own life on a number of occasions.

He said that each night he tried to talk to his son for an hour each night to keep him some social stimulation which he was missing because of his illness.

On the night of his death, Callum had asked him to buy him three books on the subject of religion which he had recently become interested in.

His father said he may buy him two but because of the content of the third he was reluctant to buy the last book.

Callum then became unreasonable and then picked up a fireside poker and then attacked him and pulled some hair out.

Mum Deirdre then suggested they go for a drive in the family car and Callum calmed down and left the house with his mum.

Mr Dale then went to check on his wife and child and noticed his son was very agitated close to Cockhill Bridge and Cockhill Chapel.

He approached his son and pleaded with him to get off the road but said he could not say if his son was lying or kneeling on the road but he did not see him in these positions.

He was also hit by the car and spent some days in hospital as a result of his injuries.

Mr Dale recalled “He (Callum) became agitated and moved into the road. I became concerned and I said I would get him the book but he had switched off and wasn’t listening.

“I then saw the defendant’s car coming up the road and I said “for goodness sake get off the road” but I noticed he didn’t meet my gaze.

“I can’t remember him standing or sitting. I was conscious there was car coming but those last few seconds don’t exist anymore.

“I was hit by the car because I was protecting my boy. I can’t remember being hit but I remember spinning up in the air. I remember hitting my head. The I heard screaming. I managed to turn on my back. Deirdre said “Peter, Peter, but I couldn’t get up off the floor.”

Various other witnesses who passed the scene just before the tragedy also gave brief evidence.

The trial, before a jury of seven women and five men, is expected to last up to three days.

Ends

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