This article is from page 14 of the 2014-02-18 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 14 JPG
THREE men found guilty of damaging a car during a religious ceremony at a graveyard outside Ennis have been given eight months to pay full compensation to their victim.
Michael Doherty (52), Patrick Doherty (34) and James Galbraith (45) were convicted in November (2013) of criminal damage.
They were ordered by Judge William Early to pay € 7000 compensation to the victim. Judge Early said if the money was paid, he would recommend a six month suspended sentence for each accused.
The case came back before Ennis District Court on Tuesday where solicitor for the Dohertys, Daragh Hassett, said his clients did not have the full amount of compensation.
Mr Hassett told Judge Early his clients had € 500.
He said Michael and Patrick Doherty are both on social welfare and required time to get the outstanding compensation.
Defence solicitor for Mr Galbraith, John Casey said his client also had € 500 for the court and required further time.
He said Mr Galbraith has moved away from Ennis and had to spend money on securing new accommodation.
“The move from Ennis, to get away from this trouble, has cost him”, explained Mr Casey.
Judge William Early agreed to adjourn the case to October to allow the men time bring the remaining € 6,000 to court.
Judge Early warned the accused he would impose the default sentence of six months in prison if the money was not paid by October.
Inspector Michael Gallagher told the court the men had not come to garda attention since November.
Michael Doherty and Patrick Doherty, both with addresses at St Michael’s Park, Ballymaley, Ennis and James Galbraith, formerly of Lissaniska, Ennis and now living in Bettystown, Meath, all denied the charge of criminal damage at Drumcliff graveyard on March 24, 2013.
In November Ennis District Court heard mother of two Kathleen Maughan was visiting her husband’s grave when her Ford Focus car was damaged in a violent attack.
Ms Maughan told the court she saw three men armed with slash hooks and hatchets alight from vehicles and attack her car on March 24, 2013.
Ms Maughan, who is from Ennis but now lives in Cork, was one of a group of 20 people attending a blessing of the graves ceremony.
After hearing the evidence, Judge William Early said, “I believe the evidence of Ms Maughan.
“I believe she is telling the truth, therefore it must follow that I find them guilty as charged.”
Judge Early said it seemed to be the case that Ms Maughan was a “victim of one of these wretched family feuds that are all too common in the Traveller community”.
There was a heated conclusion to the hearing of the case in November. A flurry of insults were fired at Ms Maughan from people sitting in the gallery A MA N accused of using a knife during alleged robberies at two businesses in Ennis last year is to be sent forward for trial to the Circuit Court. James Hayes (26) with an address at Dun Na hInse, Ennis appeared at Ennis District Court on Wednesday. Mr Hayes is charged with the robbery of a woman at Glamorize, O’Connell, Street on November 25, 2013. It is alleged Mr Hayes took €400. He is also charged with production of a knife during the course of the alleged offence. It is further alleged Mr Hayes did rob €70 froma woman at Vaughan’s Florist, Ennis on December 12, 2013. He is also charged with the production of a knife arising fromthe same alleged robbery offence. Inspector TomKennedy told the court the Director of Public Prosecutions (DPP) has directed the cases proceed to trial on indictment, meaning they will be heard in the Circuit Court. Defence solicitor Tara Godfrey told the court her client suffers frommuscular dystrophy and his movement has become more restricted. She said the High Court had previously directed prison authorities to provide appropriate care for Mr Hayes. He was remanded in custody to appear again at Ennis District Court on February 19 for service of the book of evidence. A W OMA N has appeared in court charged with child neglect at a Clare address. The 22-year-old woman appeared before Ennis District Court onWednesday. It is alleged the woman had in her care a child whomshe allegedly ill-treated, neglected, abandoned or exposed the child, or caused the child to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause unnecessary suffering or injury to the child’s health or seriously to affect his or her wellbeing. The charge relates to an alleged incident at a mid-Clare address in October 2012.The alleged offence is contrary to the Children’s Act Inspector TomKennedy said he believed this was the first charge of its type he had seen come before the court where the Director of Public Prosecutions (DPP) had directed summary disposal. Insp Kennedy said he suspected the case may be an indictable matter and would probably have to be referred back to the DPP. He said the issue of jurisdiction would also have to be addressed. The accused was remanded on continuing bail to appear again at Ennis District Court on February 26. A JUDGE has refused jurisdiction of a case where it is alleged a man was found in possession of a slash hook near the grounds of Ennis Courthouse. Michael Keenan (23), with an address at Meelagh View, Mahon, Cork, is alleged to have had a slash hook which had a blade or which was sharply pointed at Steele’s Terrace, Ennis on November 28, 2013. The alleged offence is contrary to the firearms and offensive weapons act. The case came before Ennis District Court on Wednesday to allowJudge Patrick Durcan consider jurisdiction. Garda Francis Brennan of Ennis Garda Station told the court the slash hook was allegedly found in the back of Mr Keenan’s vehicle. Garda Brennan said it would be alleged Mr Keenan denied any knowledge of having the alleged weapon. After seeing the slash hook, Judge Durcan refused jurisdiction, meaning the case will nowproceed to the Circuit Court. Defence solicitor Tara Godfrey consented to an extension of time for service of the book of evidence.The case was adjourned to April 9. A FIFT EEN year-old boy has appeared in court charged in connection with an alleged violent disturbance in the Market area of Ennis last year. The boy, accompanied by his mother, appeared before Ennis Children’s Court onWednesday. Inspector TomKennedy told the court the case is connected to that of two other accused who will be sent forward for trial to the Circuit Court. He said that as this charge concerns a juvenile, the presiding district court Judge must decide the issue of jurisdiction and not the Director of Public Prosecutions (DPP). The teenager is charged with unlawful possession of a weapon. Insp Kennedy said the charge relates to an alleged incident at Lower Market Street, Ennis on February 18, 2013. Insp Kennedy said it would be alleged the alleged injured party’s car was attacked. He said the incident allegedly involved three people carrying weapons including hatchets and a machete. He said the alleged incident took place around 7.30pm. Judge Patrick Durcan refused jurisdiction. Insp Kennedy said a book of evidence would have to be prepared in the case. The teenager was remanded on continuing bail.