This article is from page 10 of the 2013-03-19 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG
TWO friends who engaged in what a Judge described as “intolerable behaviour” on a main street in Kilrush last year have received prison sentences. John Keenan (31) and Martin O’Brien (31) were involved in a fight on Henry Street, Kilrush on July 6 (2012).
Both men appeared before Ennis District Court on Wednesday. Mr Keenan, with an address at Waterpark Heights, Ennis and Mr O’Brien, with an address at the Bungalow, Wood Road, Kilrush, pleaded guilty to engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.
Inspector Tom Kennedy told the court that the scuffle between the pair led to the window of a nearby pharmacy being broken.
Mr O’Brien has 35 previous convictions and Mr Keenan has 72 previous convictions, the court heard.
Solicitor for Mr O’Brien, Daragh Hassett said the pair had fallen out “over something so stupid they can’t even remember.”
He said Mr O’Brien immediately had the window replaced after the incident.
Solicitor for Mr Keenan, William Cahir, said this was an incident between two friends that would not normally occur.
The court heard the men, who are both currently serving prison sentences, pleaded guilty to the offence at the first possible occasion.
Judge Patrick Durcan said this was a row that occurred at 12.15pm while people in Kilrush were going about their business.
He added, “This kind of behaviour on a street in daytime is intolerable.”
Noting their guilty pleas, he imposed a two-month sentence on each accused, consecutive to the sentences currently being served.
Recognances were fixed in the event of an appeal.
Judge Durcan remarked he had observed both accused during proceedings. He said they seemed to be enjoying their day in court.
He added, “It seems (they got) as much enjoyment as sitting down for the day watching Cheltenham.” A T EEN A GER who admitted damaging and stealing fromcars in areas of Sixmilebridge last year has been told he must abide by the directions of the Probation Services. Last December Mark Burke (19), with an address at 26 Beechwood Grove, Sixmilebridge, admitted to the theft of Sat Nav systems fromcars in O’Garney Heights and Oakwood and to the theft a wallet and portable cd player fromcars in Oakwood and O’Garney Heights. He also pleaded guilty to two charges of criminal damage at Beechwood Grove and O’Garney Heights.All of the charges relate to September 9 (2012).The court heard Mr Burke forcibly entered two cars and took items fromthem.The court heard Mr Burke was intoxicated on the night having consumed 20 Xanax tablets and vodka.The accused co-operated with gardaí and paid compensation. Mr Burke has no previous convictions. Sentence was adjourned pending a report from the Probation Services. At Ennis District Court onWednesday, Judge Patrick Durcan said he was concerned that the report stated that Mr Burke had been reluctant to engage with the services. Defence solicitor Stiofan Fitzpatrick acknowledged issues had arisen but said the report ended on a positive note for his client. He said Mr Burke had commenced a training course and is currently abstaining fromalcohol and other substances. Mr Fitzpatrick added,“I believe he is on the cusp of turning a corner.” Judge Durcan noted the accused’s difficulties, good record and the support provided by his family. He also acknowledged the traumatic effect of the death of the Mr Burke’s father. However, Judge Durcan said these were serious offences and the Probation report had indicated a high risk of re-offending. Directing Mr Burke to remain under the supervision of the Probation Services, Judge Durcan adjourned the case until April 10. Judge Durcan said if he was happy that progress was made, he would adjourn the case after that for a further two months. T W O MEN have been ordered to pay a contribution to charity after pleading guilty to their roles in a “serious public order incident” that occured in Shannon on NewYear’s Day The incident, which Ennis District Court heard, involved as many as 14 people, occurred at the Cluann Alainn estate near Hurler’s Cross on January 1 (2013). Two Sixmilebridge men John Cahill (21) and David Aherne (21) appeared in court onWednesday charged in connection with the incident. Mr Cahill, with an address at 32 Cluain Driochead, Sixmilebridge, pleaded guilty to a charge of trespass. Mr Aherne, with an address at Riverview, Ballysheen, Sixmilebridge, pleaded guilty to a charge of engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace. Inspector TomKennedy said this was a “serious public order incident” that occurred in the estate at around 4.45amon the morning in question. The court heard Mr Aherne and Mr Cahill travelled to the area fromShannon town centre in a taxi. The court heard the accused went to the house of a person alleged to have been involved in a dispute with their friend. Inspector Kennedy said between 12 and 14 people arrived at the house in three taxis, two fromShannon and one fromEnnis. A married couple, their two children and one grandchild were in the house on the night. In total, seven people have been charged in connection with the incident. The court heard that on the night, David Aherne was shouting and roaring while John Cahill trespassed on the property. Inspector Kennedy said the accused’s invovlement “forms part of a bigger issue” alleged to have occurred on the night. Addressing Judge Patrick Durcan, Insp Kennedy said,“It is a very unusual public order incident and you will hear more about it.” Neither man has any previous convictions. Defence solicitor Daragh Hassett said his clients had been on the way home to Sixmilebridge and were brought by taxi to the house. “They were in the wrong place at the wrong time,” he added. He said there had been a “herd mentality” on the night in question. Mr Hassett said he was confident his clients would not be before the court again. He said,“This was an unsavory incident but they were at the very edge of it.” Judge Patrick Durcan said it was obvious that alcohol had played an involvement, a point accepted by Mr Hassett. Judge Durcan said,“They were souped to the gills and didn’t knowwhether they were coming or going.” Judge Durcan noted the accused’s good record and early guilty pleas. He said that while he wished to emphasise his revulsion at what happened on the night, he was not going to criminalise the pair. He said that if each man paid of sumof €600 to the court poor box by April 17, he would strike out the charges.