This article is from page 16 of the 2009-10-20 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 16 JPG
A KILRUSH man pointed a screw- driver at a neighbour’s daughter, leading her to believe that he would cut her throat, it has been alleged in court.
Stephen Walsh Senior (59), of Pella Road, Kilrush, was accused of a pub- lic order offence, arising out of an in- cident near his home last January.
Garda Richard Burke told Ennisty- mon District Court that he received a complaint at Kilrush Garda Station from Catherine Wright. He subse- quently spoke to the defendant.
“Stephen Walsh was alleged to have pointed a screwdriver at her,” he said. He said the complainant al- leged that the defendant had taken a screwdriver from his pocket and pointed it at his throat, leading her to believe that he would cut her throat.
Defence solicitor Eugene O’Kelly put it to Garda Burke that several complaints have been made by the Wrights against the Walshes. Gda Burke replied, “I believe there were a number of complaints made but as to what they are, I have no idea.”
Ms Wright told the court that she had previously lived on Pella Road. She said that on January 28 last, she was outside her mother’s house on Pella Road. While there, she saw Stephen Walsh — who is a neighbour of her parents — at his car.
“Stephen Walsh spat towards my father on the ground. My concern was to get Dad in,” she said.
She said that the defendant then came from the left hand side of his car and took a screwdriver from his left pocket.
‘He faced towards me and pointed the screwdriver at himself and start- ed laughing,” she told the court.
She made reference to a previous in- cident, but was told by Judge Joseph
Mangan to confine her evidence to what had happened on January 28. She replied, “He pointed the screw- driver directly towards me, smiled, made a gesture towards himself and laughed. I was scared.”
In cross-examination of Ms Wright, Mr O’Kelly put it to her that her part- ner, who was there that day, was a
retired garda. She accepted that this was the case. Mr O’Kelly said, “He drove off. If you were that scared, would you not think he would have stayed?”
Mr O’Kelly said, “This event did not occur.” She replied, “I was there. It did happen.”
Ms Wright’s partner Joe Healy told
the court that he saw Stephen Walsh taking out a red-handled screwdriv- er. “He pointed it towards Catherine and pointed it back towards himself. Catherine was visibly shaken,” he Cr HLG
Mr O’Kelly put it to him that the in- cident did not happen and Mr Healy, a retired garda, replied, “This did
happen. . . 30 years taking the oath, I’m not in the habit of telling lies.”
Stephen Walsh told the court that he saw the Wrights pointing a cam- era phone at him, on the date in ques- tion. He denied spitting or making a gesture and said his priority that day was to fix a speaker in his car. “I didn’t do anything,” he said.
Under cross-examination by Su- perintendent Declan Mulcahy, the defendant said he was using a red Screwdriver to fix his car, but did not have the screwdriver in his pocket at any stage. “What she’s saying is hes,’ said the defendant.
Judge Joseph Mangan convicted the defendant. He heard that he has a number of previous convictions, dat- ing back several years.
Judge Mangan heard from Mr O’Kelly that the Walsh family has had a difficult time since the death of the defendant’s daughter in 2005.
The judge said, “This merits a cus- todial sentence. I’m not going to im- pose a custodial sentence today, but that is nothing to do with the merits or demerits. Ms Wright, twice in her evidence, veered away from the 28th. She was cautioned, yet she persisted. There is innocent inadvertence of a lay witness, but as the partner of an ex-garda, she should know a thing or two about crossing the line in mat- ters of evidence.”
He adjourned the case for a year and granted liberty to re-enter at 24 hours’ notice. “In the event of any further trouble, I think it’s fair to suppose it will take a great degree of persuasion to deter me from impos- ing a custodial sentence,” said the judge.