This article is from page 10 of the 2013-12-10 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG
A WOMAN found by gardaí to be driving without insurance on nine separate occasions in areas of North and West Clare last year has received a suspended 12 month prison sentence.
At Ennis District Court on Wednesday, mother of two Caitriona Kennedy (26) was warned the sentence would be activated if she re-offended.
Ms Kennedy, with a former address at Spanish Cove, Spanish Point, Miltown Malbay, had pleaded guilty to driving without insurance on nine occasions in Miltown Malbay and Lahinch between September 21 and November 16, 2012.
The case was adjourned to allow for reports from the Probation Services and the Health Services Executive (HSE).
Defence solicitor Fiona Hehir told the court her client has not come to garda attention since the offences were committed.
Ms Hehir said her client, who is now living in Newcastle West, had been investigated by the HSE who “found nothing”. “She is a good mother”, added Ms Hehir.
Ms Hehir continued, “She knows she will not be behind the wheel of a car for a long time. She’s not someone I think will re-offend. The penny has dropped.”
The court heard Ms Kennedy now uses public transport to visit family in Clare.
Judge Patrick Durcan said he wanted to hear from the gardaí who stopped Ms Kennedy.
Garda John Reidy of the Clare Garda Division Traffic Corp said, “On the first time I met her, there was a child standing between the seats. It was reckless.”
Garda Brian O’Callaghan said in his interaction with Ms Kennedy, she showed “total disregard” for the traffic laws.
Judge Patrick Durcan said that while the accused has not been in trouble since last November, he could impose prison sentences totaling 18 months.
Judge Durcan imposed sentences totaling 12 months and disqualified Ms Kennedy from holding a driver’s license for eight years.
He suspended the sentences on condition Ms Kennedy enter into a bond to be of good behaviour. A JUDGE has said he needs to see a medical report before deciding whether to accept jurisdiction of a case where it is alleged a man assaulted a woman in the Tulla Road area of Ennis last month. The 28-year-old man appeared before Ennis District Court on Wednesday, charged with assault causing harm to a woman in the Tulla Road area of Ennis on November 16. The case was adjourned to allow for directions to issue from the Director of Public Prosecutions (DPP). Inspector Tom Kennedy told the court the DPP had consented to summary disposal of the case. He said the alleged incident was regarded as being at the lower end of Section 3 assaults. Insp Kennedy said it was his understanding the alleged victim was not hospitalised. However Judge Durcan said he had some knowledge of the case and he required medical evidence before making a decision on jurisdiction. Judge Durcan also acceded to a request from the State to amend the accused’s bail conditions. Judge Durcan said the State had been granted liberty to re-enter the case as part of the accusued’s bail conditions. He said he wanted the case to be carefully monitored. The court heard both parties are affected by severe learning difficulties. Judge Durcan said the question of whether he should preside over any hearing the case would also have to be
addressed. A GALWAY man has been told he can look forward to a “few weeks walking and cycling” after losing his driver’s license for illegally parking in a disabled parking space.
At Ennis District Court on Friday, Kevin Maughan (21), with an address at Coole Haven, Gort, Co Galway, received a € 100 fine and was disqualified from holding a driver’s license for two months. This was after the court heard Mr Maughan parked illegally in a disabled parking bay at Lifford, Ennis on May 22, 2013. Mr Maughan was initially fined but says he did not receive the fine notice because he was serving a prison sentence at the time.
Asked by Judge Patrick Durcan to explain his behaviour on the day, Mr Maughan said, “It was busy on the day. I was in a bit of rush. I’m really sorry.”
The court heard the father of two is currently serving a prison sentence. Urging the court to be lenient, defence solicitor Tara Godfrey said her client had been extremely upfront in his attitude to the charge.
Judge Patrick Durcan said Mr Maughan had “shown a complete lack of thought.” Imposing a nominal € 100 fine, Judge Durcan said he was aware Mr Maughan was a father of two young children and that Christmas was approaching. He also disqualified Mr Maughan from holding a driver’s license for a period of two months. “When he comes out of prison, he’ll have a few weeks walking and cycling before he’s authorised to drive again,” he added.