Not so harsh with Marsh – Athlone Advertiser – May 14, 2010..By Finian Coghlan

A man who pleaded guilty to possession of almost €700 worth of heroin with intent to supply thanked the judge in the District Court this week (May 12) after he he learned the prison sentence he was currently serving would not be added to.

Albert Marsh (30), with an address at Tower View, Battery Heights, Athlone attended court from prison where he is serving a three year sentence issued in Mullingar Circuit Court in September for similar offences.

This week, the court heard from Detective Garda Aidan Lyons how he searched Marsh’s house on August 4 where he found “the defendant and others in the kitchen with a quantity of brown powder and weighing scales”. The brown powder was subsequently proven to be a quarter ounce (eight grammes) of heroin which Det Garda Lyons said was worth “between six and seven hundred euro”.

Marsh, a heroin addict at the time, told Det Garda Lyons half was for personal use and the other half for sale. Marsh had 24 previous convictions, of which four were for possession with intent to supply, and three were just for possession of drugs.

Marsh’s solicitor, Mr Tony McLynn, clarified his client’s present custody status for the court, and pointed out that though he had been given a three year sentence in September 2009, it had been backdated to May 2009 and had the final year of the sentence suspended.With remission and good behaviour, this gave Marsh a projected release date of November 8 this year, the court learned.

“He has done a detox programme in the Midland prison and is now clear of all drugs, including methadone,” said Mr McLynn, submitting a doctor’s report to support this.

Accepting this, Judge John Neilan sentenced March to 11 months in prison for each of the two charges he faced, but ordered them run concurrently with his present sentence, which began on May 13, 2009.

“I’m obliged,” said Mr McLynn.

“Thank you, judge,” said the defendant as he was led off to complete his sentence.

Not Paddy’s Day – Athlone Advertiser – May 14, 2010.. By Finian Coghlan

A man called Patrick involved in a disturbance outside a church on March 17, was fined €500 for his troubles in the District Court this week (May 12).

Inspector Nicholas Farrell told the court how Gardai were called to an incident at 9.40pm on Church Street, Athlone on our national day where they encountered the defendant, Patrick Ward (32) of Cullairbaun, Athenry, Co Galway.

“He challenged the gardai to a fight, judge,” said Inspector Farrell, who went on to tell the court that of Ward’s 22 previous convictions, eight were for public order offences and two were for assault.

His solicitor, Mr Mark Cooney explained how his client had been in a previous attack that evening and received a blow to the head.

“There had been some drink involved,” he added.

“Is there a date coincidence? I note the defendant’s name is Patrick,” asked Judge John Neilan, but was told there wasn’t.

“Next time you celebrate St Patrick’s Day like that you’ll end up in prison,” said the judge, before fining Ward €500.

ATHLONE ADVERTISER, MARCH 05, 2010.
By Finian Coghlan
http://www.advertiser.ie/athlone/article/23166

A man who pleaded not guilty after an arrest for his part in mob chanting outside a late night chipper, was convicted and fined €200 in the District Court this week (March 3) after he conceded he’d read his charge sheet incorrectly.

The court heard from Garda Brian Keane how he was called to a late night disturbance on the Dublin Road on November 17.

“There was large crowd outside a chipper near the college [AIT]. They were in two groups shouting chants at each other in a threatening fashion,” said Garda Keane.

“The defendant was told to go home, judge, he refused and became aggressive. He was arrested at 2.20am.”

The defendant, Gavin Duffy (20) from Newtown, Rathangan, Co Kildare, defended himself and claimed in court “We weren’t shouting” and that he went to the Garda station the next day to apologise, which Garda Keane conceded.

Judge John Neilan pointed out that the offence for which Dowling was charged – Section 8 of the Public Order Act – “is about refusing to follow a direction from a member of An Garda Síochána and not about shouting”.

“Ah. I might’ve misread the charge,” conceded Duffy.

In mitigation, he said he was a former student of the AIT and had been visiting friends on the night in question.

“Why didn’t you follow the garda direction?” asked the judge.

“I had my food ordered and was hungry,” said Duffy.

Judge Neilan reminded Duffy the maximum penalty for this offence was six months in prison and of people in Athlone who were”prisoners in their own homes” on account of behaviour like this.

“You gott your warning from Garda Keane. The time to apologise is on the night, not shipping up the next day,” said Judge Neilan, before fining Duffy €200.

A 61-year-old Athlone man, who is living rough since his house burnt down, has been convicted of threatening behaviour.

Patrick Dunne was acting aggressively at Mullingar Equestrian Centre on May 31 when Garda Michael Daniels arrived.

He began calling the garda names, Inspector Keyes explained. Mr Robert Marren said his client had been living with his elderly mother but his house burnt down and he broke his leg shortly after she died.

When he was released from hospital he had nowhere to go to and had been living rough.He had not been intoxicated and had been causing no trouble but had simply “found himself there”.

Mr Dunne also lost part of his arm in an industrial accident in the 1970s.“How’s the drink going for you?” asked Judge Neilan.“I don’t touch it now at all,” said Mr Dunne. “You’re joking,” replied the judge, asking if the last time he’d drank was the previous day.

Mr Dunne said it was five months since he’d taken a drink. “Don’t go into a pub on the way home, so I’m not seeing you in the morning,” added the judge as he finalised the case with no order other than noting the conviction.

He also told him that if he found himself in trouble in District 4 to “consult Neilan solicitors”.

via Man arrested for acting aggressively at Equestrian Centre – Athlone Advertiser – December 11, 2009..

A judge suggested to a man who owes the State €50,000 that he default on his bank repayments and when it seeks legal redress he tell them that “the taxpayers are paying €3bn to bail them out”.

“Tell him to go and tell the Bank of Ireland to take a flying jump,” said Judge John Neilan to the solicitor of Declan Kelly (36) of Pullagh, Co Offaly in the District Court this week (November 11).

Kelly was in court for the third time this year to try and present an accceptable repayment plan to the State as restitution for the €53,000 in fraudulent disability payments he collected between July 1999 and July 2007.

Kelly, who has a €210,000 mortgage and a full-time job, pleaded guilty to the fraud in April and had been ordered to pay €400 a month at his last court date in July or face 15 months in jail.

However, Judge Neilan was not impressed this week when it was revealed that Kelly was only paying €200 a month to the State and continued to prioritise his debt to Bank of Ireland.

“I couldn’t care less about Bank of Ireland if they went floating down the Shannon in the morning,” said the judge.

“I’ve no interest in Bank of Ireland, or AIB, or any bank. I’d have more interest in turf banks.

“He’s prioritising his bank payments rather than the Department [of Social Welfare] and I won’t stand for it.

“He’s paid a paltry sum without regard to his responsibility to the taxpayers.

“He lives in a luxurious house and funded that by a lot of the money he took from the State.”

Kelly’s solicitor, Mr Bryan O’Brien, handed in a revised statement of means to the court and the judge estimated it would still take over 10 years to pay back.

“I’m trying to keep your client out of prison. Does he go to prison today or does he have €53,000?” asked the judge.

“He doesn’t have it,” said Mr O’Brien.

The full amount defrauded from the State was €53,720; Kelly paid back €3,000 in April and had been paying €80 a week since July. A balance of €49,840 was outstanding.

Kelly argued he had halved his bank repayments since his last court date.

“Halved it?” asked the judge.

“Did you tell them [the bank staff] the taxpayers are paying €3bn to bail them out?

“Why don’t you tell them you won’t be paying them anything and they’ll have to take legal action against you?”

Kelly didn’t answer.

The judge sentenced Kelly to three consecutive, five-month terms in prison but adjourned their activation until April 4 to allow for a community service report.

However, he made this contingent on Kelly repaying €500 a month from December 1, “and thereafter until the full sum is discharged”.

http://www.advertiser.ie/athlone/article/19235

AN OUTSPOKEN judge was accidentally shot in the face by a solicitor who was trying to demonstrate that an air pistol was harmless.

Judge John Neilan was hearing a family law case in Longford District Court when he was shot, it emerged yesterday.

The judge, who is never lost for words, didn’t want to comment on the matter yesterday.

Ironically, the lawyer was trying to demonstrate to Judge John Neilan that the weapon was not dangerous when it accidentally discharged and fired a pellet in his direction.

It happened during a family law hearing in Longford District Court on Tuesday.

The judge was not seriously injured in the incident and it is understood that he continued hearing the case and proceedings went ahead as normal.

Yesterday, the judge had no marks on his face as he presided over Mullingar District Court in Co Westmeath.

When asked about the matter before he entered the court house yesterday afternoon, the judge said: “I don’t want to make a comment.”

Gardai said there were “absolutely no records” of the incident.

There were only a handful of witnesses when the judge was accidentally shot as all family law matters are held in camera.

In cases like this, restrictions are in place as to who can attend the court as they involve sensitive domestic issues.

No media or gardai were present for the case on Tuesday.

Normally, in criminal cases, an exhibits officer is appointed by gardai to present evidence in the courtroom.

However, on this occasion, the matter was a civil one and it would be the responsibility of the solicitor in court to ensure the evidence was secure.

Judge Neilan has never been far from the limelight over the years. He questioned the “obscene” salaries of top bankers and attacked the sector for losing the run of themselves in July.

The outspoken judge lambasted the banks for handing out money “in fistfuls” during the boom. He also said the people who ran the sector had less common sense than a “dog in the street”.

Incompetent

And last year, he caused uproar when he branded Court Service staff as “lazy” and “totally incompetent” after they complained about working after 5pm.

He said he was “sick and tired and fed up” with the Court Service from the top down. He described the system as a “shambles” and said those involved were “totally incompetent” as far as he was concerned.

Last December, ahead of changes to the district in which he presides, the judge apologised to “anyone and everybody” he may have “wittingly or unwittingly offended”.

He has also had words with high-ranking gardai in his courtroom.

The judge threatened to jail a senior garda inspector for one week on June 2, 2008, after he accused him of “laughing” in court.

He claimed he saw Inspector Paul Cuttle laughing after he branded a remand hearing for a man charged with murder as a “PR exercise” when gardai failed to produce a book of evidence.

In 2004, he declared he would immediately jail for one week all those guilty of drink driving while considering a sufficient penalty.

After former Justice Minister Michael McDowell pointed out the constitutional right to bail, the judge said he was withdrawing from hearing drink-driving cases for six months. Work at the judge’s court resumed but he continued to have a tense relationship with Mr McDowell.

When asked if he would join the then minister in opening the newly refurbished Longford courthouse, he said: “I wouldn’t share the platform with him if he was opening the gates of heaven.”

By Eimear Ni Bhraonain and Claire O’Brien
Irish Independent – Friday September 18 2009

A judge lambasted the local council this week (September 4) for pursuing an eviction against a mother of four over arrears in the present economic climate when “€90 billion of taxpayers money is being used to bail out those who fly in helicopters and bathe in sunlight”.

Judge John Neilan was hearing an application from Athlone Town Council to evict Ms Olivia O’Neill (31), of Battery Heights, Athlone for €5,600 in rent arrears at a civil sitting of the District Court.

However, he became incredulous when Mr Padraig Quinn, solicitor for the unemployed woman, presented documentary evidence that Ms O’Neill had agreed a repayment plan of €100 per month since April and had made “six out of nine” €60 a week payments since her last court appearance in July.

It transpired the council chose to ignore these payments because her arrangement had not been made with the correct council official at the Housing Department.

“If the tenant met with a council officer and made an offer to repay and then made payment, then this court will not make an order [to evict],” said Judge Neilan.

“I find it unacceptable that [a named council official] is taking this position.”

The council official said it was because they were “substantial arrears”.

“The whole country is in substantial arrears,” lashed the judge.

“Because of the economic circumstances in the country at the minute, her payments may not be to the last cent but I feel the town council should act more sympathetically towards its tenants…

“To me it seems extremely insensitive of the council to do this with no regard to the difficulties in the country at the moment.”

He then went on to criticise the authority and its counsel – local firm Fair and Murtagh – for a third time for going ahead with this eviction under Section 62 of the Housing Act, knowing the amount of judicial reviews submitted to the High Court across the country on this issue.

Section 62 evictions have been deemed incompatible by the High Court with the EU Declaration on Human Rights which finds it is contrary to the rights of an EU citizen for a statutory authority to arbitrarily deprive said citizen of housing.

This is being appealed to the Supreme Court at the moment in the State -v- Gallagher and a number of S62 orders around the country are awaiting this decision.

“Why waste more taxpayers money when there is so much litigation outstanding?” asked the judge, estimating each new review costs around €20,000.

“Westmeath County Council and you [the acting solicitor] know very well about these and why you chose to do this is beyond my comprehension.

“It’s time for statutory bodies to realise they’re servants of the people with taxpayers’ money.”

He adjourned the case back to next March.

Finian Coughlin, Athlone Advertiser, September 11, 2009

A man who assaulted a stranger who allowed him to share his taxi home, had an 11 month jail sentence adjourned until November in the District Court this week (June 24).

The court heard how Alan Browning (31) of Cushla Lawns, Athlone had got out of the taxi at his house at around 3.40am on October 26 without paying.

When the original passenger got out to remonstrate, Browning headbutted him and kicked him.

He was arrested after the taximan called Gardai.

“The defendant says his behaviour was inexcusable,’ said his solicitor, Mr Paul Connellan.

“He has very little recollection of the incident as he was on valium and sleeping medication and shouldn’t have been drinking,” said Mr Connellan.

“He has a long heroin addiction and is not out the far side of it yet.”

A letter confirming this was handed in to the court.

Mr Connellan also explained that his client, though assessed for Cuan Mhuire rehab centre, is clinically unable to attend as he is also a diabetic.

He asked the court for “one last chance” for Browning but the judge was unimpressed.

“The first mention of this case was on November 18 last year and until now you have done nothing concerning your addiction,’ said Judge John Neilan.

“You don’t seem to have any respect for your own body. It doesn’t appear to me you’re gravely worried about the status of your diabetes,” he said, before sentencing Browning to five months in jail for the assault and a concurrent 11 months for failing to appear in court on May 27.

He did however, adjourn imposing the sentence until November 11, saying: “I’ll leave it up to you between now and then. There is no magic potion”.

The judge then addressed the subject of compensation for the victim and told Browning he had a figure in mind.

“You have ample funds to buy heroin but you haven’t brought one cent to court today,” he warned.

He also fined Browning €250 for refusing to pay the taxi fare.

By Finian Coghlan – Athlone Advertiser, June 26, 2009.

A woman who drunkenly abused gardai during a Paddy’s Day session because she was annoyed that the landlord served her 16-year-old daughter had her charges dismissed in court this week (May 13) after receiving a dressing down from the judge.

The court heard how Bridie Quigley (45) from Cartron Drive, Athlone was arrested on Church Street on March 17 at 11pm for being “extremely abusive” to gardai.

Her solicitor, Mr Padraig Quinn, told the court his client was “mortified” to be in court on such charges.

“She had been in a public house where her 16-year-old was served and she took issue with the publican and got ejected,” he said.

“She is no example to her daughter,” said Judge John Neilan.

“If she had any concern for her daughter, she would’ve been at home or in a location where alcohol wasn’t present. It beggars belief that she brings her to a pub and then gets excited when her daughter is given drink.”

“Would you ever cop yourself on?” said the judge to the defendant.

“You’re the type of person trying to get onto the Joe Duffy or Pat Kenny show every day to give out. If you had any respect for yourself or concerns for your daughter, you shouldn’t've been there.

“What do you expect of a 16-year-old girl when her mother is stone drunk up in the pub. It’s because of people like you that young people start drinking. This is a prime example of what’s going on in the country every day of the week. Perhaps this will re-awaken her motherly instincts.

“You know, there was no vandalism or behaviour like this 30, 40, 50 years ago. Why was that? Because of the parents. I wouldn’t have been in a pub when I was 16 years old and if I was and my parents found out, I would’ve got a kick up my transom. And I wouldn’t have gone down to the garda station crying that my parents kicked me.”

Having said his piece, Judge Neilan dismissed the charges on account of Quigley’s guilty plea and her having no previous convictions.

By Finian Coghlan

A student facing drunken, public order charges for the second time in a month, left court again without a conviction after the judge reluctantly agreed to adjourn a final decision on sentencing until next October to see if the defendant’s behaviour improves.

John Gilna (18), from Esker, Ballinalee, Co Longford, a first year civil engineering student at the AIT, was arrested in the early hours of February 19 on Church Street for his part in a drunken, abusive altercation from which he refused to go quietly.

The court heard how Gilna had been convicted for similar offences in the same court on February 11, for which he received the Probation Act.

On that date, Judge John Neilan told him: “Fifty years ago, if I was told to go home and I didn’t, I’d get a root up the backside”.

This week, Judge Timothy Lucey described this repeat offending in such a short period as “troubling”.

“Lots of students get up to lots of things but cop on at the last moment,” he said.

“He has an attitude problem. Once is understandable but if you find yourself twice in court, something’s wrong.”

Defence solicitor, Mr Padraig Quinn, sought a referral for his client to the Probation and Welfare Services (WPS).

Judge Lucey then took a novel approach to sentencing and invited the prosecution to make a comment on whether Gilna deserved such a referral but was told by Inspector Nicholas Farrell that the arresting officer, Sgt McNally from Moate was not present in court.

“Your reputation is a very serious thing. Once you have them [convictions] you have them for ever,” said Judge Lucey.

Mr Quinn suggested adjourning sentencing for six months to see if his client’s behaviour could improve and the judge agreed.

“If the Guards find him scutting, or whatever you call it, he’s got to be well behaved and everybody knows what that means,” said Judge Lucey.

He told Gilna if he made a €300 contribution to the court’s poor box, signed a peace bond and didn’t come to the attention of Gardai between now and October 14, he would strike out the charges on that date.