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Criminal damage charges dismissed in ‘curious case’

This article is from page 16 of the 2012-05-29 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 16 JPG

THREE members of the same family accused of smashing windows in a house as five children slept on New Year’s morning have had the charges against them dismissed.

It had been alleged that Rosie Molloy Snr (39) and her two children Michael Molloy (19) and Laura Molloy (21) caused € 475 worth of damage to the home of Thomas Sherlock and Mary Maughan at 36 Westbourne Court, Watery Road, Ennis in the early hours of New Year’s Day this year.

Rosie Molloy and Michael Molloy, both with addresses at Bay 2 Ballaghboy Halting Site, Quin Road, Ennis and Laura Molloy, with an address at 21 An Pairc Bruach na hAbhainn, denied the charges of criminal damage.

The case was heard at Ennis District Court on Tuesday.

Mary Maughan told the court that she woke up to the sound of the Molloys “roaring abuse.”

She claimed that she saw the three accused standing outside the house. Ms Maughan said a silver Polo car owned by Laura Molloy was also outside the house.

Ms Maughan said by the time she and her partner, Tom Sherlock, got dressed, all the downstairs windows were broken.

She said, “The five kids in the house were screaming and crying. The kids were in an awful state.”

Solicitor for the Molloys, Daragh Hassett said it was an unusual reaction for someone to put their clothes on as the windows of their home were allegedly being smashed.

Ms Maughan told the court that she and Thomas Sherlock had been out for a few drinks in Ennis on the night.

Ms Maughan claimed that bottles were also thrown at the house.

Thomas Sherlock said he woke at around 4.30am to a lot of “shouting and roaring” outside the house.

He said he couldn’t remember how many bottles were allegedly thrown at the house but that he cleaned them up in the morning.

The court also heard details of an alleged altercation between Mary Maughan, Thomas Sherlock and Laura Molloy outside a pub in Ennis on New Year’s Eve.

Garda Bríd Troy, who attended the scene on the night, told the court that no independent witnesses came forward to make a statement.

Garda Kelly Doolan said that all the downstairs windows had been broken but that no bottles were found at the scene.

Rosie Molloy Snr said she had been at home all night babysitting. Laura Molloy said she had been out in Ennis on the night before returning home.

Michael Molloy said he was out for a drink in Kilmihil before going to the Queens nightclub.

All three said they were “nowhere near” Westbourne Court on the night.

Mr Hassett said there were “clear inconsistencies” in the evidence provided by the two complainants.

He said no independent evidence had been provided to support the claims of the complainants.

Judge Patrick Durcan said this was “curious case” in which the accused “absolutely denied” the charges against them.

He said there was an “absolute conflict in the evidence” provided by both sides.

He said, “There is a very slight doubt and as such, I dismiss the charges against Michael Molloy, Laura Molloy and Rosie Molloy.”

Judge Durcan also made an order binding all five parties – Thomas Sherlock, Mary Maughan, Rosie Molloy Snr, Laura Molloy and Michael Molloy – to keep the peace for a period of 12 months.

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