This article is from page 3 of the 2005-10-18 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 3 JPG
A FATHER-OF-FOUR with 90 previous con- victions, who faced the reactivation of a sus- pended five-year sentence, was jailed for four years yesterday at Ennis Circuit Court.
Michael James McDonagh (32) of 23, Bal- lycaseymore, Shannon, appeared before Judge Carroll Moran to appeal a District Court rul- ing, which resulted in him being sentenced to 12 months in jail for making unlawful threats against three individuals, including his wife, in Shannon last January.
McDonagh also appealed the severity of two other sentences, totalling four months, for
public order offences, to which he had pleaded guilty.
Earlier this year, McDonagh was convicted of threatening to kill his wife Kathleen McDon- agh and their neighbour Breda Smith.
The court heard that, on January 3 last, the accused was heard saying to his wife Kathleen outside their home, “I will do you, and Breda as well.”
Mr McDonagh’s legal team argued however that the phrase “I will do you” could not be taken as a genuine threat to kill or cause seri- O)erSmar-usee
Judge Moran ruled that there was not enough evidence to sustain the convictions for making
unlawful threats and allowed the appeal.
The court was told since the five-year sentence was suspended in May 2003, Mr McDonagh has been convicted of eight separate offences in Ennis, Shannon, Arklow, Roscrea and Athlone including road traffic and public order offences and breach of an exclusion order.
“The five years sentence was suspended on the basis that the accused behave himself. There are six separate incidents under appeal here today.
“Looking around, I would not be surprised if the entire constabulary from Shannon Garda Station is in this courtroom,’ Judge Moran said before making his ruling.
The judge allowed the appeals in relation to four charges.
But he affirmed the District Court rulings in several others for which Mr McDonagh was sentenced to a total of 12 months in prison.
He ordered the reactivation of a five-year sen- tence, which he reduced to four, previously 1m- posed on McDonagh following his conviction for the larceny of €20,000.
He backdated that sentence to February last and ordered the 12-month sentence to run con- currently with it.
McDonagh had to be restrained by gardai af- ter he resisted attempts to be handcuffed and was led away to begin his sentence.