This article is from page 4 of the 2012-02-14 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
A GARDA was driven 500 metres down a country lane in Whitegate while on the bonnet of a car, a court has heard.
The incident occurred as two gardaí attempted to interview a man they had stopped driving a black BMW in Whitegate on March 2, 2011.
As Sgt Joe Fallon inspected the front of the car, the driver, Frank Shanley, drove forward with Sgt Fallon on the bonnet, Clare Circuit Court heard last week.
Shanley (36), formerly of 8 Church View, Boyle, Roscommon, had previously pleaded guilty to four counts arising out of the incident.
Shanley, who is currently serving a sentence in Cork prison, was charged with unlawful use of a mechanically propelled vehicle; dangerous driving; giving a false name and failing to stop at Cappa, Whitegate, on March 2, 2011.
Garda Gerry Slattery told the court that gardaí had received a call from their colleagues in Clifden about Shanley.
He said, that after telling the accused that he was arresting him for theft, Shanley drove forward.
Garda Slattery said Shanley ignored his pleas to stop the car. Garda Slattery said he threw a rock to break the window of the car. He told the court that travelled 500 metres before stopping. “He didn’t give Garda Fallon any chance to get off the car,” he added.
Garda Slattery explained that the owner of the house in which Shanley had been staying had called gardaí. He said the owner had also blocked the entrance of the house with his jeep to prevent Shanley from leaving.
Counsel for Shanley, Enda O’Neill, told the court that his client had been staying in a remote rural location and had been “put on edge” when he saw the jeep parked across the entrance.
He said that psychiatric assessment of Shanley determined that “when he is stable psychiatrically, his legal problems decrease significantly”.
Shanley told the court that he was scared and that he dialed 11850 and 999 because he didn’t know what was going on. “I was tense and frightened,” he added.
Judge Caroll Moran said, “The most serious matter is that Mr Shanley drove a car for 500 metres without stopping with a person on the bonnet and as to whether Mr Shanley didn’t realise it was a garda, it doesn’t matter, he should have stopped.” Judge Moran imposed a three year sentence backdated to September 26, 2011, for the unlawful taking of a vehicle. Court Reporter A MAN has appeared in court charged with wasting Garda time arising out of a three-week search for a missing person in Ennis last summer. Bernard Flaherty (37), with an address at 3 Lifford Lodge, Ennis, was arrested in Ennis last week. At Ennis District Court on Wednesday, Sgt Catherine Houlihan gave evidence of arrest, charge and caution. Sgt Houlihan told the court that after being cautioned, Flaherty said, “I’m sorry for wasting your time.” Jurisdiction of the case was refused
and a book of evidence will now be served on the accused.
It is alleged that on June 24, 2011, at Ennis Garda Station, Flaherty did knowingly make a false statement tending to show that he had information material to Garda enquiries and thereby causing the time of the Gardaí to be wastefully employed.
Solicitor John Casey made an application for legal aid. He said there was no objection to bail.
Sgt Houlihan told the court that Gardaí received a report of a missing person on June 20, 2011. She said that in an interview, Flaherty told Gardaí that he had not seen the person in question. She said a major Garda operation was underway at the time to locate the missing person.
Insp John Galvin said the deceased body of the person was subsequently found by Gardaí in an apartment occupied by the accused. The court heard that the person died of natural causes.
Details of the Garda investigation and search were heard in court. Sgt Houlihan said 40 people were interviewed while Gardaí viewed 50 hours of CCTV footage. Eight Gardaí carried out door-to-door enquiries and 14 separate searches took place, the court heard.
Sgt Houlihan said community and voluntary groups had been significantly involved in the search. She said members of Clare Civil Defence had searched the River Fergus on a daily basis. Insp John Galvin said the Director of Public Prosecutions (DPP) had approved summary disposal of the case.
Judge Aeneas McCarthy refused jurisdiction, saying he did not deem the matter fit to be tried summarily. He fixed bail and remanded the accused on bail to appear at Ennis District Court on March 14 for service of the book of evidence. Judge McCarthy said the usual reporting restrictions apply.