Court digest

Published 28/04/2015 | 00:00

Threatened to cut mum's throat

A young Bridgetown man threatened to cut his mother's throat while he smashed up her house, Wexford District Court heard on April 20.

Before the court was Kyle Kemp (20), of 19 St David's Well, Bridgetown, who pleaded guilty to a charge of breaching a protection order by going to his mother's residence at Belvedere Grove in Wexford on January 25 last.

Sergeant Gary Rayner told how the mother had called Gardai to say her son was smashing up the house, and threatening to cut her throat and burn the house down. He had a kitchen knife at the time and held it to her while making threats, the court heard.

Judge William Hamill felt it important to determine just where the knife was held to, and specifically, whether or not it was held to the mother's throat. Neither prosecution nor defence could offer a definitive answer, and so the Judge said he would adjourn to May 5.

'I want clarification on where the knife was held and what the exact threat was,' he said.

'Has turned his life around'

A 47-year-old man charged with having drugs on several occasions over the course of three years has now 'turned his life around', Wexford District Court has heard.

Shane Aylward, with an address at 7 Rockview Court in The Faythe and another address at Broadway, stands accused of having the drugs at various locations around Wexford between 2011 and 2014. He is also accused of three counts of dangerous driving and two of obstructing a Garda in the course of his duty on the night of November 27, 2011.

Aylward came before Judge John Coughlan on April 21, where the judge read a Probation Report he had requested an earlier sitting.

Defending solicitor, Timothy Cummings, submitted that the report was quite positive and he said Aylward has now turned his life around. 'He has taken up gainful employment and his two young sons are living with him - that certainly wasn't the case a year ago,' he said.

Judge Coughlan agreed that the report was favourable, but chose to adjourn the case for a further six months rather than finalise it.

'We'll keep the pressure on him,' he remarked, as he put matters back to October and asked for an updated Probation Report for that date.

Has no intention of paying rates

A New Ross fuel merchant who owes almost €5,000 in rates to Wexford County Council has no intention of paying them, Wexford District Court heard on April 21.

The Council was seeking a decree for €4,807.40 from Trevor Walsh of Walsh Fuels at Marsh Lane in New Ross. Rates collector Donal Gordon confirmed that amount is still due and said he had been speaking to Mr Walsh less than a week earlier to see if any arrangement could be made about paying off the money due.

'But he told me he doesn't care about court proceedings and he has no intention of entering into any agreement,' he reported.

Judge John Coughlan made out an order for the full amount due.

Community Service Orders

Four Community Service orders which had been recommended at earlier courts were formally made by Judge William Hamill on April 20, when reports in court showed that the respective defendants were indeed suitable for Community Service.

The four to benefit from the alternative to a term in prison are:

Derek Canavan (34), 32 Spencer Court, Enniscorthy, to do 200 hours in lieu of three months for two counts of handling stolen property at Ferrycarrig on September 26 last year;

Garrett Dempsey (29), 73 Cluain Bui, Enniscorthy, to do 200 hours in lieu of three months for handling stolen property at Wexford Albion FC on the same date;

Mark Redmond (48), 33 Barr na hAile, Rosslare Harbour, to do 120 hours in lieu of six months for cultivating cannabis at his home in May 2013; and,

James Howett (27), of Byranstown, Foulksmills, and also of Ozanam House in Wexford, to do 100 hours in lieu of four months for burglary from rooms at White's Hotel and The Talbot Hotel last November. He was also ordered to enter into a twelve-month Probation Bond of €500 in his own bond.

Took chance on going to see son

'Taking a chance' on going to see his infant son last year led to a court appearance on April 20 for Daryl Hunt (25), of 143 Cluain Dara in Wexford.

Doing so meant that Hunt breached a protection order which had been taken out by his former partner and the child's mother, Nicole Farrell. Ms Farrell told the court how she was 'terrified' when she saw Hunt call to her home at 14 Emmet Place on June 3 last, and that he banged on the door and shouted through the letterbox after she ran into the house.

Hunt denied doing either, saying he just knocked politely and did not shout at all, but he accepted he should not have been there in any event. He said he just 'took a chance, took a gamble' on going unannounced as he had been away in England for three weeks and wanted to see the child on his return.

He was fined €100.

Judge refuses to strike out cases

Judge John Coughlan refused applications from solicitors to strike out two cases in Wexford District Court on April 21 when key Garda witnesses became unavailable at short notice.

Both cases had been listed peremptory against the State, meaning the prosecution was obliged to ensure that they proceeded on the day, but the Judge made allowances for the unforeseen circumstances and adjourned matters rather than dismiss them.

The first such case was that of Jamie Farragher, 3 Beechgrove, Rosbercon, New Ross, accused of drink driving at Marshmeadows in New Ross on July 26 last. The court was told that a Garda witness had reported unfit for duty, and solicitor Lana Doherty applied for a strike-out, but the Judge instead adjourned to July 14.

The other such case was Patrick O'Connor (72), of Arnestown, New Ross, accused of drink driving at Bosheen in New Ross on December 28 last. Solicitor Gerry Flynn said he had received a fax only a few days before to say that a Garda witness was required in a higher court at short notice There was no detail on what that court was or why there was only short notice, so he too applied for a strike-out.

Again, Judge Coughan refused the application and instead adjourned to July 21.

Claimed tobacco was compost

A Lithuanian man who was caught trying to smuggle loose tobacco through Rosslare Harbour claimed that it was actually compost, Wexford District Court heard on April 21.

Before the court was Ruslanas Asirmaetovas (37), with an address at Navan in County Meath, who was found with 27.78 kg of tobacco (valued at €11,884) in the back of his van at Rosslare on March 10 last year.

The court heard the tobacco was contained in a black refuse sack, and that the defendant at first said it was compost before subsequently admitting it was tobacco.

Judge John Coughlan handed down the mandatory fine of €5,000 and allowed four months to pay.

Six warrants

Bench warrants were issued for the arrests of seven people when they failed to show up in Wexford District Court on April 20 to meet the charges against them. They were:

Kevin Chaney (19), of 3 Grange Mor, Rosslare Strand, accused of being drunk in a public place in Rosslare on February 5 last and criminal damage at Windmill Heights in Wexford on March 19;

Thomas Creane (39), address given as Apartment 1, The Crossbar, Ballycanew, accused of theft from Doyle's Esso Garage & Spar Shop at 1798 Street on January 25 last, and also from Shaws on North Main Street on April 15;

Terry Hurley (34), Rosetown, Drinagh, accused of having drugs at Drinagh on October 14 last year;

Brian Carroll, 23A Ferndale Park, accused of theft from Dunnes Stores at Redmond Square on January 26, 2013;

Peter Winters (22), Castleview, Mulrankin, Bridgetown, accused of breaching a court order at Castleview on November 5 last year and both January 3 and 4 this year, and also of being drunk and disorderly in Bridgetown on November 15 last, and,

Ger Connors (22), Rosemount, Drinagh, accused of possession of drugs at the Newtown Road in April 2013. The court heard his mother reported he was already in custody, but Gardai checked with the prison service and they had no record of him.

Pepper spray

Pepper spray had to be used to control a 47-year-old man after he became abusive to Gardai, Wexford District Court heard on April 20.

That man was David Doyle, of St Anne's Villas, Duncormick, who pleaded guilty to engaging in threatening, abusive or insulting behaviour at Duncormick in the early hours of November 29 last.

Sergeant Gary Rayner told how Gardai were on mobile patrol in the area around 12.15 a.m. and Doyle was in a group of men that they encountered. He began shouting at them, telling them to 'f*** off' out of the area, and he did not stop until pepper spray was used.

Defending solicitor, Colette Culleton, said her client apologises for the offence.

Judge William Hamill asked for a report on Doyle's suitability for Community Service, with a view to ordering 80 hours in lieu of two months in jail. The case was then put back to July 6 to allow the report be prepared.

TV licences

Wexford District Court dealt on April 21 with seven people facing proceedings for not having a TV licence who did not take the opportunity afforded to them at an earlier court to take out a licence and pay any arrears due.

Both Katarzyna Plonka of 10 Farnogue Drive in Wexford and Hayley Farrell of 7 Barley Court in Castlebridge had paid neither the licence fee or arrears in the meantime, Judge John Coughlan was told. They were both fined €500.

Five others from Wexford town had taken out a licence but neglected to pay arrears. They were each fined €300. They were: Raymond Shannon, 1 Mount George; Aidan Gordon, 46 Ashfield Drive; Rafal Skowron, 1 Cromwellsfort Grove; Laurence Murphy, 76 Cromwellsfort Grove; Iwona Sionek, 70 Cromwellsfort Grove; and Mary Mullins, 53 Hantoon Road.

Fined €200

A retired Social Welfare officer was fined €200 when he appeared before Wexford District Court on April 21 for drink-related public order offences in both Wexford and New Ross.

Before the court was Michael O'Shea (62), with an address at 46 Nunnery Lane in New Ross and also at Ozanam House in Wexford, who admitted offences at North Main Street in Wexford on February 17 last year and at South Street in New Ross the following April 19.

The court heard he is no longer drinking and intends to go live with a daughter in Galway when his time at Ozanam House comes to an end.

Asssault case

Two young women accused of assault causing harm in Wexford had their cases adjourned for a month when they appeared before the District Court on April 20.

Both Kelly Murphy (24), of 45 Ferndale Park, and Kelly Roche (25), of 34 Pineridge, Summerhill, are alleged to have committed the offence at Peter Street on August 5 last. They are due back in court on May 18.

Roche also faces charges of drink driving and driving without being accompanied by a fully-qualified driver at both Ferrycarrig on May 30 last and the New Line Road on June 4. There is a further charge of possession of drugs at the New Line Road on the same date.

All those matters are also due back in court on May 18.

Uncontrolled dog

A Polish man who allowed an unmuzzled Rottweiler to run loose near where children played has followed court orders and paid €250 to the ISPCC, Judge William Hamill heard on April 20.

Konrad Jezierzanski, of 1 Foxborough, Castlebridge, accordingly received the benefit of the Probation Act.

An earlier sitting had heard how the dog was loose at Cromwellsfort Grove in Wexford on June 11 last year.

Breached order

A 46-year-old man breached a protection order that his mother had taken out against him by calling to her house and acting in a threatening manner, Wexford District Court heard on April 20.

Before the court was Joe Cullimore (46), address given as Apartment 2, 65 William Street, Wexford, but now resident at the Tus Nua Rehab Centre at St John's Hospital in Enniscorthy. He pleaded guilty to committing the offence at 3 Spawell Crescent on January 10 last year.

He told the court that he wanted the matter dealt with on the day, but Judge William Hamill ruled that a Probation Report might benefit the court. He adjourned to July 6 to allow one be prepared.

Money paid

An elderly motorist who faced prosecution after a traffic accident on the New Line Road has received the benefit of the Probation Act.

Elizabeth Fielding (81), of Mullanour, Murrintown, was facing a count of careless driving as a result of the incident on July 1 last year. An earlier court heard details of the crash, and Fielding was advised to make a €500 donation to Ozanam House in Wexford.

The April 20 hearing of the court heard this money has since been paid. Judge Hamill therefore applied the Probation Act.

Drug driving

A sample taken from suspected drink driver Shane Lynch (19), of Ballyell, Tagoat, turned out to contain cannabis instead, Wexford District Court heard on April 20.

The court heard how the sample was taken after the trainee mechanic was stopped while driving at Mulrankin, Bridgetown, on April 6 last year.

Lynch was fined €175 and banned from driving for four years.

Over the limit

Leonard Black (41), of 6 The Fairways, Mulgannon, has been fined €400 and put off the road for three years after picking up his second conviction for drink driving.

Wexford District Court heard on April 20 how the latest offence was committed at Thomas Street in Wexford on April 7 last year, when a breath sample was found to have a reading of 75/100. The previous conviction for drink driving dated from 2010.

Rates owed

New Ross restauranteur Muhammed Faisal Jamil, trading as New Punjab Castle, 6 Mary Street, had a decree for €3,308.47 made out against him in court on April 21 in respect of rates that are due to Wexford County Council.

He must also pay €160 costs.

Drunk in charge

Motorist Igor Cocenov (50), of 115 Laurel Grove, Tagoat, has been fined €200 and banned from driving for two years for being drunk in charge of a vehicle at Ballygoman, Barntown, on April 5 last.

His case was dealt with at Wexford District Court on April 20.


Dean Power (21), of 22 Michael J Sinnott Drive in Castlebridge, was fined €250 in Wexford District Court on April 20 for not having an NCT for his car at Castlebridge on November 17 last.

Counts of not having 'L' plates and driving on a provisional licence without being accompanied by a fully-qualified driver were taken into consideration.

Green diesel

A fine of €4,000 was handed down in Wexford District Court on April 21 to Darius Siwek, of 12 Hillview, Ballinaboola, for having green diesel in his van on March 4 last.

The court heard that the defendant admitted the offence immediately when it was detected.

He has since gone back to Poland.

'We'd better hope that he comes back to pay the fine,' remarked Judge John Coughlan.

Wexford People

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